FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1740 OF 2010 (Dadabhau Narayan Mhaske and Anr. Vs. State of Maharashtra & Ors) ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr. S.L. Bhapkar, Advocate for the petitioners. Mr. V.H. Dighe, A.G.P. for respondents. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 4TH MARCH, 2010 Rule. By consent, Rule made returnable forthwith. A.G.P. for the respondents waives notice. 2 This petition takes exception to the communication sent by the District Rehabilitation Officer dated 09.02.2010 whereby the request of the petitioners to issue certificate that they are project affected persons has been rejected. The sole reason recorded by the District Rehabilitation Officer is that no directives have been issued by the Government to grant certificate of project affected persons in respect of land taken for Village Level Tank. No other reason has been recorded. 3 The learned A.G.P. in all fairness, submits that in view of decision of this Court in the case of Nagesh @ Satish Nagorao Pande vs. State and Anr. Reported in 1995 (3) Bom.C.R. 376 as well as other decisions the petitioners would be entitled for issuance of the said certificate. Recently, this court in writ petition No.303 of 2010, decided on 5.2.2010, overturned same ground taken in that case and instead directed the concerned authorities of the State Government. 4 In the circumstances, we allow this Writ Petition and direct the competent authority to consider the request of the petitioners for issuance of certificate of project affected persons subject to eligibility. 5 The petition is disposed of accordingly. Rule made absolute in above terms. (S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) Date:04.03.2010. rlj/