Bombay High Court
Devidas Shrawan Wani And Others vs The State Of Maharashtra And ... on 24 June, 2016
Bench: R.M. Borde
WP 2935/16
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.2935/2016
1] Devidas s/o Shrawan Wani (Yewale),
age 58 yrs., occu.agri.,
2] Jitendra s/o Shrawan Wani,
age 50 yrs., occu.agri.,
3] Swapnil s/o Devidas Yewale,
ig age 25 yrs., occu.student,
4] Nikhil s/o Devidas Yewale,
age 22 yrs., occu.student,
All r/o 584, Wani Galli,
Balaji Road, Dharangaon
Tq.Dharangaon Dist.Jalgaon.
...Petitioners..
Versus
1] The State of Maharashtra,
through its Secretary of Revenue
and Forest Department,
Mantralaya, Mumbai.
2] The Deputy Collector
(Rehabilitation), Jalgaon.
Dist.Jalgaon.
3]
The Chief Engineer,
Maharashtra Rajya Vidhyt Vitran
Co.Ltd., Circle Office, Jalgaon.
Dist.Jalgaon.
...Respondents...
.....
Shri Umesh A. Bhadgaonkar, Advocate for petitioners.
Shri A.R. Kale, AGP for respondent nos.1 & 2.
Respondent no.3 served.
.....
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WP 2935/16
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CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 24.06.2016
ORAL JUDGMENT (Per Borde, J.) :
1] Heard learned counsel appearing for the parties.
Rule. Rule made returnable forthwith and with the
consent of learned counsel for the parties, the petition
is taken up for final disposal.
2] The request made by the petitioners for transfer of
the certificate of Project Affected Persons in the name
of the petitioner no.3 is rejected by the respondent no.2
in view of the communication dated 22.1.2016. It is the
contention of the petitioners that although the
certificate was on earlier occasion transferred in the
name of the petitioner no.2, because of lack of
education, he could not get the employment. As such, the
certificate is sought to be transferred in the name of
the petitioner no.3, who is educated and is likely to
secure employment.
3] The application has been turned down for the reason
that the certificate once issued cannot be permitted to
be transferred on second occasion. The issue is no more
WP 2935/16
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res integra in view of the judgment delivered by this
Court in Writ Petition No.10912/2015 on 4.2.2016. For
the reasons recorded by the Division Bench of this Court
while allowing the aforesaid writ petition, the instant
writ petition, which also arises in identical
circumstances, deserves to be allowed and the same is
accordingly allowed.
4] The respondents are directed to issue necessary
certificate, as requested by the petitioners, and the
certificate be issued in the name of the petitioner no.3.
The petitioner no.2 shall produce the original
certificate and surrender the same with the authorities
and thereafter appropriate compliances shall be made.
Rule is made absolute accordingly. There shall be no
order as to costs.
(K.L. WADANE, J.) (R.M. BORDE, J.)
ndk/c246165.doc
