Chandrajyoti Shardrao Dawkare v. The State Of Maharashtra And Others

156-wp.12350-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 156 WRIT PETITION NO.12350 OF 2018 CHANDRAJYOTI SHARADRAO DAWKARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. D.S.Kudale, Advocate for Petitioner.

Mr. S.G.Karlekar, AGP for Respondents-State.

...

CORAM :

S.V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

24th June, 2019 PER COURT :- 1.

The application of the petitioner for grant of Project Affected Persons (PAP) certificate has been rejected. We have heard the learned counsel for the petitioner and the learned AGP. The learned AGP relies on the Government Resolution dated 17.04.2006 and submits that 100 % land of the petitioner has not been acquired, as such, is not entitled for PAP certificate.

2.

Mr. Kudale, the learned counsel submits that even otherwise apart from education and service purposes, the petitioner is entitled for PAP certificate also.

156-wp.12350-18.odt 3.

It appears that the case of the petitioner was considered for grant of PAP certificate considering that 100 % land has not been acquired and that petitioner is not landless.

4.

The petitioner certainly is not entitled for PAP certificate for the purpose of service or education. The order to that effect needs no interference.

5.

In case, the petitioner requires PAP certificate for the purpose other than service and education then the petitioner may file fresh application with authority. The authority shall consider the Government Resolution dated 17.04.2006 and take decision upon it accordingly. With regard to grant of PAP certificate for the purpose other than service and education the same shall be decided within a period of four months from the date of the application.

6.

The Writ Petition is accordingly disposed of. No costs. (MANGESH S. PATIL, J.) (S.V. GANGAPURWALA, J.) ...

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