FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7863 OF 2011 " Mahadayya Nagnath Swami Vs. MHADA Aurangahad through Chief Officer and another." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. P.G. Rodge, Advocate for petitioner. Mr. P.P. More, AGP for respondent No.2 Mr. C.V. Thombre, Advocate for respondent No.1. CORAM :- B.R. GAVAI & A.V. POTDAR, JJ. DATE :- 16TH DECEMBER, 2011. PER COURT :- 1] Rule. Rule made returnable forthwith. Heard by consent. 2] By way of present petition, the petitioner has sought a direction to the respondent Nos. 1 and 2, to allot tenament under LIG scheme, in pursuance of allotment order dated 11th May, 2010. 3] Undisputedly, in respondent to the advertisement issued on 22.9.2007 by respondent No.1, the petitioner was successful in getting allotment of a tenament reserved for scheduled caste. However, subsequently, the allotment is denied to the petitioner on the ground that unless the petitioner submits a validity certificate, the possession can not be given. 4] Undisputedly, in the advertisement dated 22.9.2007, there is no stipulation that a candidate claiming allotment from FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7863 OF 2011 " Mahadayya Nagnath Swami Vs. MHADA Aurangahad through Chief Officer and another." Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 reserved category should submit a validity certificate. The policy of the State Government, which insists on production of validity has come for the first time vide circular dated 7th May, 2010 and which is further clarified by Govt Resolution dated 12.8.2010. 5] In that view of the matter, since the allotment of the petitioner is prior to 7.5.2010, he would not be governed by the policy, which has come into operation from 7.5.2010. The respondents have themselves admitted in the affidavit that there is no such condition in the advertisement, which insists upon validity certificate to be submitted alongwith the application. 6] In that view of the matter, we are inclined to allow the petition. The respondents are directed to immediately hand over possession of the tenament, allotted in favour of the petitioner, on the petitioner making the necessary payment. Same would be done within two weeks from today. Rule is made absolute in aforesaid terms, with no orders as to costs. [A.V. POTDAR,J.] [B.R. GAVAI, J.] grt/-