Rajjak Hasan Khallikhau v. The State Of Maha. Thr. Its Sec. Revenue And Forest Dept. Mantralaya, Mumbai And Others

2024:BHC-NAG:11826-DB 1 947 wp1943.2024 and 1952.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1943/2024 Owais s/o Yusuf Chaudhari Vs. State of Maharashtra and others WITH WRIT PETITION NO.1952/2024 Rajjak Hasan Khallikhau Vs. The State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. R.N. Ghuge, Advocate for petitioner/s in both petitions.. Mr. A.S.Fulzele, Addl. G.P. for respondent nos.1 to 3 in both petitions. CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : OCTOBER 17, 2024.

1.

The issue in the petition pertains to grant of benefit as Project Affected Persons. Since the order impugned dated March 1, 2024 in both these petitions are not considering the policy, viz. reflected in the Government Resolution dated 14th September, 1994, the order impugned are hereby set aside as same are contrary to above policy of 14th September, 1994.

2.

We permit the petitioners to appear before the Collector on 3rd December, 2024. The said authority shall decide the claim of the petitioners afresh having regard to the Government Resolution dated 14th September, 1994 and the authoritative pronouncement on the issue of limitation delivered in Writ Petition No.4051/2018 (Madhusudan s/o Madhavrao Bhosle Vs. State of Maharashtra) dated 23rd April 2018 and Writ Petition 11253/2010 (Champati s/o Lobhaji Dhokale Vs. The State of Maharashtra and others) decided on 15th December, 2010.

2 947 wp1943.2024 and 1952.24.odt 3.

Let the reasoned decision be communicated to the petitioners within a period of six weeks from the date of appearance. 4.

Both petitions are partly allowed.

(MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 21/10/2024 15:07:35