Allowed

Devidas Shrawan Wani and Others v. the State of Maharashtra and Others

Bombay HC24 Jun 2016WP/2935/2016

Case brief

AI extract

What is this about?

The Bombay High Court Bench at Aurangabad allowed a writ petition seeking transfer of a Project Affected Persons certificate. The Court held that the refusal based on a previous transfer occasion was a res integra in light of a prior Division Bench judgment on identical facts and directed the issuance of the certificate in favor of the educated petitioner.

What did the court decide?

Issuance of the necessary certificate in the name of petitioner no.3; petitioner no.2 directed to surrender original certificate.

Devidas Shrawan Wani and Others Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2016)

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WP 2935/16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 WRIT PETITION NO.2935/2016

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1] Devidas s/o Shrawan Wani (Yewale), age 58 yrs., occu.agri.,

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2] Jitendra s/o Shrawan Wani, age 50 yrs., occu.agri.,

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3] Swapnil s/o Devidas Yewale, age 25 yrs., occu.student,

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4] Nikhil s/o Devidas Yewale, age 22 yrs., occu.student,

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All r/o 584, Wani Galli,
Balaji Road, Dharangaon

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Tq.Dharangaon Dist.Jalgaon.

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...Petitioners..

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Versus

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1] The State of Maharashtra, through its Secretary of Revenue and Forest Department, Mantralaya, Mumbai.

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2] The Deputy Collector (Rehabilitation), Jalgaon. Dist.Jalgaon.

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3] The Chief Engineer, Maharashtra Rajya Vidhyt Vitran Co.Ltd., Circle Office, Jalgaon. Dist.Jalgaon. ...Respondents...

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 .....

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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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 .....

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WP 2935/16

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CORAM: R.M. BORDE & K.L. WADANE, JJ.

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DATE: 24.06.2016

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ORAL JUDGMENT (Per Borde, J.) :

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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.

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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

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in view of the communication dated 22.1.2016. It is the

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contention of the petitioners that although the
certificate was on earlier occasion transferred in the

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name of the petitioner no.2, because of lack of

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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.

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3]The application has been turned down for the reason
that the certificate once issued cannot be permitted to

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be transferred on second occasion. The issue is no more

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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.

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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.

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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.

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 (K.L. WADANE, J.) (R.M. BORDE, J.)

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ndk/ c246165.doc

Devidas Shrawan Wani and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Devidas Shrawan Wani and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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