Kisan Vatu Gedekar And Another v. The Deputy Collector (Rehabilitation), Nagpur And Another

2025:BHC-NAG:13827-DB 130wp7626.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7626 OF 2025 Kisan Vatu Gadekar and another Vs The Deputy Collector (Rehabilitation), Nagpur and another. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Raunak Kurani, counsel h/f Mr Amol B. Patil, counsel for petitioners. Mr. P.P.Pendke, AGP for respondent No.1/State.

CORAM

: ANIL S. KILOR and RAJNISH R. VYAS, JJ.

DATE : 08/12/2025.

1.

Heard learned counsel for the petitioners.

2.

The challenge is to communication dated 30/07/2025, by which the prayer for the petitioner for grant of a Project Affected Persons Certificate was rejected on the ground that necessary documents were not supplied.

3.

Learned counsel for the petitioner has relied upon the judgment passed in Writ Petition No.5697 of 2021, dated 08/08/2025, as well as the Government Resolution dated 21/06/1990. He submits that the issue is already decided by the aforesaid judgment and the Government Resolution.

4.

Be that as it may, while passing the order dated 30/07/2025, the Government Resolution and the judgment referred to above were not taken into consideration. We, therefore, direct Respondent No.1 to decide the issue regarding grant of Project Affected Certificate to the petitioner in the light of the judgment and Government Resolution rkn

130wp7626.2025.odt referred (supra), within a period of eight weeks from production of this order.

5.

Since the aforesaid communication was passed ignoring the judgment and Government Resolution, we set aside the communication dated 30/7/2025 and direct the RespondentAuthorities to consider the claim of petitioner in the light of aforesaid judgment and the Government Resolution, within a period of eight weeks from production of this order.

6.

The petitioner is directed to appear before the Respondent No.1 on 17/12/2025 at 11.00 a.m.

7.

In view of the above, the Writ Petition is disposed of accordingly. ( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) rkn