Vaidialingam, J. - (1.) This appeal, by special leave, is against the order dated February 28, 1972 of the Bombay High Court (Nagpur Bench) in Special Civil Application No. 223 of 1972.
(2.) As the order appealed against is an interlocutory order, it is not necessary to refer in any great detail to the circumstances under which the writ petition has been filed in the High Court as well as the defence raised on behalf of the respondents. It is enough to state that the appellant in the writ petition filed by him under Art. 226 of the Constitution prayed for quashing the notification dated December 9, 1971 issued by the Director of Agriculture Market, Poona-1, purporting to be issued under Ss. 3 and 4 (3) of the Maharashtra Agricultural Produce Marketing Act, and for certain other consequential reliefs. Pending the said writ petition, the appellant prayed for an interim order prohibiting the respondents herein from enforcing the said notification and from interfering with the rights and properties of the appellant in respect of the Public Market at Amgaon, Gondia. The appellant had already challenged another notification dated May 17, 1961 in Special Civil Application No. 222 of 1970, which was pending in the High Court.
(3.) In its order dated February 28, 1972, the High Court issued notice in the main writ petition to the respondents and directed that Special Civil Application No. 223 of 1972 will be heard along with Special Civil Application No. 222 of 1970. Regarding the prayer for interim orders, the High Court directed the appellant to deposit Rs. 80,000/- to cover the period from December 9, 1971 to March 31, 1972 in State Bank, Bhandara. The appellant was also allowed to recover the current year's auction amount from the contractor. The order proceeds to state that there will be no interim order regarding the period after April 1, 1972 and that the prayer for interim injunction is rejected.;