1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3714 of 2010 Nagorao s/o Gyanoba Dongre, Age 60 yrs. Occ. Agri., r/o Halda, Tq. Bhokar, Dist.Nanded. ...PETITIONER VERSUS 1. The State of Maharashtra, Through the Secretary for Revenue and Forest Department, Mantralaya, Mumbai 32. 2. The Collector, Nanded. 3. The District Rehabilitation Officer, Nanded, Tq. and Dist. Nanded. 4. The Executive Engineer, Minor Irrigation Division, Nanded. ...RESPONDENTS ... Mr.S.C.Bhosle, Adv., for the petitioner. Mr. S.K.Tambe, AGP for respondent nos. 1 to 3. Mr. R.D.Biradar, Adv., for respondent no.4. ... CORAM:B.R.GAVAI AND K.U.CHANDIWAL, JJ. DATE: 21/9/2010 *** 2 COURT'S ORDER : (Per B.R.GAVAI, J.) 1. Rule. Rule made returnable and heard forthwith. Learned Counsel for respondents waive service. 2. By way of present petition, the petitioner challenges the order dt.28th Jan., 2010, thereby rejecting the application filed by the present petitioner for grant of "Project Affected Persons Certificate". The application is rejected only on the ground that it is filed at a belated stage. 3. It is not in dispute that the land of the petitioner's father, namely, Gannya Hashya admeasuring 1 H. 14 R. has been acquired for irrigation tank. The petitioner, who is son of the original land holder, has applied for grant of Project Affected Persons's Certificate, in the name of his son. In view of the un-disputed position that the land of the petitioner's father has been acquired, merely because there is delay in filing the application, it should not be a ground to dis-entitle him. The petitioner has given reason that petitioner's father and he being illiterate persons, they were not aware about the rights available to them. 3 4. Since the application is rejected on hyper technical ground, we are inclined to allow the petition. Rule is made absolute in terms of prayer clauses (C) and (D). (K.U.CHANDIWAL) (B.R.GAVAI) JUDGE JUDGE agp/3714-10wp