Champati Dattaram Puyad And Another vs The State Of Maharashtra Through Its ...
2024 Latest Caselaw 23356 Bom

Bombay High Court

Champati Dattaram Puyad And Another vs The State Of Maharashtra Through Its ... on 8 August, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:17728-DB



                                                  (1)                      906 wp 8423.24

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                906 WRIT PETITION NO. 8423 OF 2024

                           CHAMPATI DATTARAM PUYAD AND ANOTHER
                                          VERSUS
                THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

                                                   .....
                        Advocate for the Petitioner : Mr. Potdar Eklavya Sandesh
                             AGP for Respondents/State : Mr. S.R. Wakale
                                                   .....

                                           CORAM :      RAVINDRA V. GHUGE &
                                                        Y.G. KHOBRAGADE, JJ.

                                           DATE     :   8th August, 2024

           P.C. :-

1. Heard the learned advocates for the respective sides at length and

perused the petition paper book with their assistance.

2. Petitioner No.1 prays for issuance of the 'Project Affected Person'

(PAP) Certificate in favour of Petitioner No.2, who is his son. A solemn

statement is made that, no such PAP certificate was sought earlier, much less

received, and no such certificate is utilized for the benefit of any nominee or

relative of the actually affected person. We make it clear that, if such statement

turns out to be false, the Statutory Authority would be at liberty to prosecute

Petitioner No.1.

(2) 906 wp 8423.24

3. The only ground raised by the Respondents is, that a PAP

certificate is sought after a passage of 30 years. This issue is no longer res

integra in view of the judgment dated 29/11/2022, delivered at Aurangabad in

Writ Petition No.3027/2022 (Balaji Nivruti Surnar and another vs. State of

Maharashtra and another).

4. In view of the above, this Writ Petition is partly allowed. The

impugned order dated 31.07.2024, passed by Respondent No.3, stands quashed

and set aside. We direct Petitioner No.1 to tender an affidavit undertaking to

Respondent No.2, declaring that Petitioner No.1 has not sought any such PAP

certificate earlier and he has not nominated any person to take benefits of the

PAP certificate. If a fraud is noticed, prosecution can be lodged against him and

the PAP certificate, if issued in the name of Petitioner No.2, shall be cancelled.

After Petitioner No.1 tenders the said affidavit undertaking within 30 days, the

verification of the claim of the Petitioner No.1, vis-a-vis Petitioner No.2, shall be

undertaken, and if it is noticed that Petitioner No.1 is entitled for issuance of a

PAP certificate for his nominee, the same may be issued by following the due

procedure of law.

      [Y.G. KHOBRAGADE, J.]                          [RAVINDRA V. GHUGE, J.]


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