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Bombay High CourtWP/2692/2013disposed off

Anand Ramu Padyachi v. Administrator And Divisional Commissioner Kokan Bhavan

2019-03-14Hon'Ble Shri Justice Dama Seshadri Naidu,Hon'Ble Shri Justice B.R. Gavai2 pages

(916)-WP-2692-13.doc BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2692 OF 2013 Anand Ramu Padyachi ..Petitioner

Versus

Administrator and Divisional Commissioner, Konkan Bhavan and others ..Respondents Mr. Rajshekhar V. Govilkar, Advocate for the Petitioner. Mr. L. T. Satelkar, AGP for Respondent Nos.1 to 3 - State. CORAM: B. R. GAVAI & DAMA SESHADRI NAIDU, JJ.

DATE: 14th MARCH, 2019 P.C.:- 1] Petitioner has approached this Court, being aggrieved by rejection of his application for grant of permanent accommodation on the ground that the Petitioner was a valid slum dweller. 2] Petition is resisted on the ground that on the date on which the Petitioner's Application was considered, the relevant date for eligibility was 01/01/2000. It was provided that for being eligible, the candidate must have documentary proof to support his claim that he was the slum dweller prior to 01/01/2000. However, by the 1/2

(916)-WP-2692-13.doc Notification dated 16/05/2018, cut off date of 01/01/2000 has now been extended to 01/01/2011.

3] In that view of the matter, we find that the matter needs to be considered afresh by Respondent No.2. The impugned orders are quashed and set aside. Matter is remitted to Respondent No.2 for considering the claim of the Petitioner afresh in accordance with the Government Resolution dated 16/05/2018.

Needless to state that the Petitioner would be at liberty to produce all the documentary evidence in his possession to support his claim. Matter on remand be considered and decided within a period of three months from today. 4] Petition is disposed of in the aforesaid terms. (DAMA SESHADRI NAIDU, J.) (B. R. GAVAI, J.) 2/2