SCA/4214/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4214 of 2008 ========================================================= AGRICULTURAL PRODUCE MARKET COMMITTEE - Petitioner(s) Versus DIRECTOR & 3 - Respondent(s) ========================================================= Appearance : MR VC VAGHELA for Petitioner(s) : 1, MR HUKAMSING, AGP for Respondent(s) :1, 2, None for Respondent(s) : 3, MR DILIP B RANA for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE AKIL KURESHI Date : 09/07/2008 ORAL ORDER
Though
admittedly the petition has become infructuous since the impugned
orders have exhausted themselves, learned advocate Shri Vaghela for
the petitioner Agricultural Produce Market Committee, Babra
submitted that Court should examine the validity of the impugned
orders. He submitted that the Director issue such orders in routine
manner when the political heads so requires and interfere with the
democratic functioning of the Market Committee.
In
view of the fact that cause does not survive, it is not appropriate
for me to examine the legality of the orders passed. To enable me to
critically examine the exercise of powers, despite petition having
become infructuous, it would be necessary to have sufficient
material on record to substantiate the assertion of the Counsel
noted here-in-above. For want of sufficient material, this issue is
not gone into in this petition and same is kept open to be decided
in future if need so arises.
The
petition is disposed of accordingly. Notice is discharged. Interim
relief, stands vacated.
(Akil
Kureshi,J.)
(raghu)