Bombay High Court
Mahalaxmi Timber Mart Thr. Ramesh J ... vs The Union Of India Thr. Secretary ... on 5 October, 2021
Author: Madhav J. Jamdar
Bench: Ujjal Bhuyan, Madhav J. Jamdar
(15 & 19)-WP-6358-21 & group matters.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6358 OF 2021
Mahalaxmi Timber Mart ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6384 OF 2021
Paradise Timbers ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6361 OF 2021
Fine Timber Agency ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6366 OF 2021
Brown Square Wood ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6383 OF 2021
Globe Industries ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6360 OF 2021
BGP. 1 of 8
(15 & 19)-WP-6358-21 & group matters.doc.
Parekh Industries ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6368 OF 2021
Shubhalaxmi Timbers ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6372 OF 2021
Hiradhan Timbers ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6379 OF 2021
New Dandeli Ventures ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6378 OF 2021
Pragati Teak Wood ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6396 OF 2021
Aftab Timber Supplier ..Petitioner
Versus
Union of India and Ors. ..Respondents
BGP. 2 of 8
(15 & 19)-WP-6358-21 & group matters.doc.
WITH
WRIT PETITION NO.6392 OF 2021
A K Exim ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6363 OF 2021
Hariom Timbers ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6381 OF 2021
Noor Timbers Suppliers ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6393 OF 2021
Kamlesh Timber Mart ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6389 OF 2021
Gautam Timber ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6387 OF 2021
Famous Timber Traders ..Petitioner
BGP. 3 of 8
(15 & 19)-WP-6358-21 & group matters.doc.
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6376 OF 2021
Ramani Timber Mart ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6374 OF 2021
Ranjit Saw Mills ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6380 OF 2021
Ujala Timber Traders ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6365 OF 2021
Zodiac Traders ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6382 OF 2021
Real Traders ..Petitioner
Versus
Union of India and Ors. ..Respondents
BGP. 4 of 8
(15 & 19)-WP-6358-21 & group matters.doc.
WITH
WRIT PETITION NO.6367 OF 2021
Sian Exim ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6390 OF 2021
Bilal Timber Mart ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6371 OF 2021
Sunlight Timbers ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6379 OF 2021
Liberty Timber Suppliers ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6386 OF 2021
K M Timber Mart ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6397 OF 2021
Ujala Beeding Center ..Petitioner
BGP. 5 of 8
(15 & 19)-WP-6358-21 & group matters.doc.
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.6375 OF 2021
Harikrishan Traders ..Petitioner
Versus
Union of India and Ors. ..Respondents
Mr. Mahesh Raichandani a/w Ms. Ankita Vashistha i/by UBR Legal
Advocates, for the Petitioner.
Mr. Parag Vyas a/w Mr. Jitendra B. Mishra, Advocates for the Respondents.
WITH
WRIT PETITION (L) NO.14381 OF 2021
(ORDINARY ORIGINAL CIVIL JURISDICTION)
Rank Lumbers ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION NO.1716 OF 2021
(ORDINARY ORIGINAL CIVIL JURISDICTION)
Vandana Timber Pvt. Ltd. ..Petitioner
Versus
Union of India and Ors. ..Respondents
WITH
WRIT PETITION (L) NO.14402 OF 2021
(ORDINARY ORIGINAL CIVIL JURISDICTION)
Yogeshwar Timber Mart ..Petitioner
Versus
Union of India and Ors. ..Respondents
Mr. Mahesh Raichandani a/w Ms. Ankita Vashistha i/by UBR Legal
BGP. 6 of 8
(15 & 19)-WP-6358-21 & group matters.doc.
Advocates, for the Petitioner.
Mr. Advait M. Sethna a/w Mr. Ajinkya Badar, Advocates for the
Respondent No.1 - UOI.
CORAM : UJJAL BHUYAN &
MADHAV J. JAMDAR, JJ.
DATE : 5th OCTOBER, 2021 P.C. Heard learned counsel for the petitioners.
2. Let the petitions be admitted for hearing.
3. Mr. Parag Vyas and Mr. Advait Sethna, learned counsel waive notice for respondent No.1 - Union of India.
3. Petitioner to service respondent Nos.2 to 4 afresh and file affidavit of service.
4. Learned counsel for the petitioners has placed before us a copy of order dated 30.08.2021 whereby in a bunch of identical writ petitions this Court had restrained the respondents and granted stay. He therefore prays for a similar order.
5. Relevant portion of the order dated 30.08.2021 reads as under:-
"d) Till next date, respondents are restrained from taking any action against petitioner on the basis of Clause no.(iii) as reproduced above on office memorandums dated BGP. 7 of 8 (15 & 19)-WP-6358-21 & group matters.doc.
28.06.2017, 27.12.2018 and 19.06.2020 issued by the Under Secretary to the Government of India, Ministry of Agriculture and Farmers Welfare Department of Agriculture, Cooperation and Farmers Welfare."
6. Accordingly and in the light of the above, we also direct in the present bunch of cases that till the next date the respondents shall not take any action on the basis of Clause no.(iii) contained in office memoranda dated 28.06.2017, 27.12.2018 and 19.06.2020 issued by Ministry of Agriculture, Farmers Welfare Department, Government of India.
7. List alongwith the bunch of writ petitions, the lead case of which is Writ Petition No.4637 of 2021 (Bhavani Timber Mart Vs. Union of India).
8. Stand over to 24.11.2021.
BALAJI GOVINDRAO PANCHAL Digitally signed by BALAJI GOVINDRAO PANCHAL Date: 2021.10.05 15:16:52 +0530 MADHAV J. JAMDAR, J UJJAL BHUYAN, J BGP. 8 of 8