1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.803 OF 2010 Shantabai w/o Tukaram Pawar, R/o-Aher Chincholi, Tq-Ashti, Dist-Beed. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through its Secretary, Rural Development Department, Mantralaya, Mumbai-32, 2) The District Resettlement Officer, Beed. ...RESPONDENTS. ... Mr.S.L. Bhapkar Advocate for Petitioner. Mr.R.P. Phatke, A.G.P. for Respondents. ... CORAM: A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 9TH FEBRUARY, 2010. PER COURT : 1. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of the 2 learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. This Petition takes exception to the communication sent by the District Rehabilitation Officer dated 5th March, 2008 whereby the request of the Petitioner to issue certificate that she is project affected person 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 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 15th October, 2007, the Petitioner would be entitled for issuance of the 3 said certificate. 4. 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 above said decision so that the competent Authority would not venture to reject the request on the grounds stated in the impugned communication. 5. 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 person subject to eligibility. The Petition is disposed of accordingly. Rule made absolute in above terms. [S.S. SHINDE, J.] [A.M. KHANWILKAR, J.] asb/FEB10/wp803.10