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. By these five petitions filed under Article 227 of the Constitution of India, the petitioners have impugned various orders set out in more detail in the later part of this petition.

2. By consent of parties all five writ petitions were heard finally. FACTS AND SUBMISSIONS IN WRIT PETITION NO. 8959 OF 2014 AND WRIT PETITION NO. 8975 OF 2014

3. Insofar as Writ Petition No.8959 of 2014 is concerned M/s.Ramchandra Vitthal Dongre, the petitioner claims to be a partnership firm and has impugned an order dated 12th September, 2014 passed by the respondent no.6 i.e. the Minister kvm WP8959.14 for Co-operation, Marketing and Textile thereby allowing the appeal/revision filed by the respondent no.5 i.e. Mr.Kashinath M. Wavare. It is the case of the petitioner that the petitioner was carrying on a business of wholesale fruit distributor in Mahatma Phule Market Mumbai which was subsidiary wholesale market since 1980. The respondent no.1 is a body formed under the provisions of Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (for short the said APMC Act). In Writ Petition No. 8975 of 2014, the petitioner M/s. Ramchandra Vitthal Dongre has challenged the order dated 12th September, 2014 in R.A.No.27 of 2014 passed by the learned Minister for Corporation Marketing and Textile thereby rejecting the appeal/revision filed by the petitioner and prays for allotment of Gala No.F-158. The respondent no.1 is hereinafter referred to as the said 'APMC'.

19. It is the case of the petitioner that the petitioner however participated in the lottery for allotment of Gala No.F-158 under protest on 13 th September 2013 and raised written objection to the said lottery system introduced by the APMC on the ground that the allotment of the said large Gala was to be done only on the basis of the criteria laid down by Justice Daud (Retd.) who was appointed as a Commissioner by this Court for suggesting various norms for allotment of Galas.

20. On 25th September 2013, the APMC passed a resolution to allot the Gala No.F-158 to the respondent no.5 pursuant to the said lottery drawn by the APMC. Some time in the year 2013, the petitioner preferred an appeal bearing No.244 of 2013 before the respondent no.4 under Section 52 of the APMC Act read with Rule 104 of the Rules frames under the said APMC Act.

66. The petitioner filed an appeal (14 of 2010) on 27th October, 2010 under section 52B of the APMC Act before the learned Director of Marketing, Government of Maharashtra, Pune. The said appeal was allowed by the learned Director of Marketing by an order dated 9th November, 2011 by quashing the letter cum order dated 17th February, 2010 issued by the learned Secretary of the APMC. The learned Director of Marketing recorded a finding that the petitioner had deposited more than Rs.34,000/- and was thus entitled to the allotment of one large gala. The learned Director of Marketing remanded the matter before the APMC kvm WP8959.14 and directed the Secretary APMC to give an opportunity of hearing and follow the principles of natural justice while deciding the complaint filed by the petitioner.

91. Learned counsel placed reliance on section 53B of the APMC Act, 1963 and would submit that the order passed by the appellate authority under the said provision is final. The correctness of the said order cannot be challenged now by kvm WP8959.14 the respondents. She submits that only her client and Mr.Habibulla Farahtulla whose eligibility was decided by the Directors of Marketing were eligible contenders for allotment of large gala and only these two names could be considered by the APMC. Learned counsel submits that as per the norms suggested by the learned Commissioner on 'Early Bird norms' would apply. The application of the petitioner for allotment of large gala was made first in point of time i.e. even prior to the application made by Mr.Habibulla Farahtulla. The petitioner thus was the only person entitled for allotment of the large gala. FACTS AND SUBMISSIONS IN WRIT PETITION (STAMP)NO. 35978 OF 2017.