1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.303 OF 2010 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. M.S. Karad, Advocate for the petitioner. Mr. V.H. Dighe, A.G.P. for respondents. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 5TH FEBRUARY, 2010 Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, the petition is taken up for final hearing at admission stage. Heard Counsel for the parties. 2. This petition takes exception to the communication sent by the District Rehabilitation Officer dated 21-12-2009 whereby the request of the petitioner to issue certificate that he is project affected persons has been rejected. The 2 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 relied by the petitioner in the case of Sow. Sangita w/o Balu Sable vs. State of Maharashtra and others in Writ Petition No. 4478 of 2007 decided on 15-10-2007, the petitioner would be entitled for issuance of the said certificate. As a matter of fact, it would have been appropriate for the Secretary of the Revenue and Forest Department and Secretary of General Administration Department to issue instructions to all concerned clarifying the position expounded in the abovesaid decision so that the competent authority would not 3 venture to reject the request on the grounds stated in the impugned communication. 4. In the circumstances, we allow this Writ Petition and direct the competent authority to consider the request of the petitioner for issuance of certificate of project affected persons subject to eligibility. The petition is disposed of accordingly. Rule made absolute in above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/FEB10/wp303.10