Sheshrao S/O. Govindrao Nare And Another v. Government Of Maharashtra Revenue And Forest Dept. And Others

1 1603wp4630.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR.

WRIT PETITION NO.4630 OF 2015.

Sheshrao Govindrao Nare and anr. ..vs.. Govt. of Maharashtra and others. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.M.V.Mohokar, Advocate for the petitioners. Mr.A.V.Palshikar, AGP for respondent nos.1 and 2. Mr.G.E.Moharir, Advocate for respondent no.3. CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : MARCH 16, 2016.

Petitioners seek Certificate showing status of petitioner no.2 as Project Affected Person from respondent no.2 - Collector to enable him to seek employment with the Acquiring Agency i.e. respondent no.3.

Shri Palshikar, learned AGP appears for respondent nos.1 and 2 invites our attention to the Government Resolution dated 3rd of May, 2010 which stipulates norms for issuance of such certificate.

Advocate Shri Moharir appearing for respondent no.3 is seeking time to file reply.

Advocate Mohokar for petitioner submits that G.R.dated 3rd of May, 2010 regulates issuance of such certificate if employment is sought with the State Government. Here, petitioners are not seeking employment with State Government but with respondent no.3 M.S.P.G.C.L., Thermal Power Station, Khaparkheda for whose purposes lands have been acquired. He therefore contends that the Government Resolutions which apply for issuance of such certificate for seeking employment with the State Government will not be applicable in the present matter. Learned AGP as also Advocate Moharir disputes this

2 1603wp4630.15.odt position.

This Court has issued notice in the matter on 5th of October, 2015 and though period of about five months has expired, the respondent no.3 has not filed reply. Petitioners have been making efforts since long and last their application, which is still pending with the Collector, is dated 17th of February, 2014 at Annexure IV with the writ petition.

We find that interest of justice can be met with by directing petitioners to appear before respondent no.2 - Collector for consideration of that application on 4th of April, 2016. Respondent no.3 or its representative shall appear on that date. Respondent NO.2 - Collector or the competent authority under it shall look into the application of petitioners, examine the grievance of the petitioners and take suitable decision upon it within next two months.

With these directions and keeping all rival contentions open, we dispose of the Writ Petition. No costs. JUDGE JUDGE Chute.