Bombay High Court
GANESH ALIAS PRAMOD VINAYAK JOSHI AND ORSversusSTATE OF MAHARASHTRA THROUGH REVENUE AND FOREST DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petitioners' grievance shall be treated as a representation before the Scrutiny Committee, and the writ petition is disposed of.
Summary
The petitioners challenged the mutation of their lands as ‘Private Forests’ by the State of Maharashtra, alleging that the procedure prescribed under Section 35 of the Indian Forest Act, 1927 was not followed. The High Court, recalling its earlier directions in Writ Petition No.1536 of 2017 and Writ Petition No.5344 of 2026, ordered that the petitioners be allowed to file a representation before the Deputy Conservator of Forests and that the matter be placed before the Scrutiny Committee established under the Government Resolution of 13 August 2026. The Court noted a cross‑petition (Writ Petition No.10030 of 2019) filed by the State and permitted the intervenor to participate before the Committee. It directed that the Scrutiny Committee adjudicate the grievance expeditiously. Consequently, the writ petition and the related interim application were disposed of, with the matter to be resolved by the Committee.
Issues considered
- Whether the mutation of the petitioners' lands as ‘Private Forests’ violated the procedure under Section 35 of the Indian Forest Act, 1927
- Whether the petitioners are entitled to make a representation before the Deputy Conservator of Forests and the Scrutiny Committee
- Whether the Scrutiny Committee has jurisdiction to redress the grievance
Legislation cited
- Indian Forest Act, 1927 — s. 35
Subjects
- Land mutation
- Private forest
- Indian Forest Act
- Section 35
- Representation
- Scrutiny Committee
- Grievance redressal
Judgment
NISHA Digitally signed by
NISHA SANDEEP
SANDEEP CHITNIS
Date: 2026.09.02
CHITNIS 16:58:16 +0530
4-WP.10475.2018w.ia..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10475 OF 2018
Ganesh @ Pramod Vinayak Joshi and Ors. ...Petitioners
Versus
State of Maharashtra and Ors. ...Respondents
WITH
INTERIM APPLICATION NO.2476 OF 2021
(FOR IMPLEADMENT)
IN
WRIT PETITION NO.10475 OF 2018
Vijay Yeshwant Abhyankar ...Applicant
IN THE MATTER BETWEEN:
Ganesh @ Pramod Vinayak Joshi and Ors. ...Petitioners
Versus
State of Maharashtra and Ors. ...Respondents
Mr. Vishal Kanade with Mr. Sagar Amrut Rane for the Petitioners
Ms. Savina R. Crasto, A.G.P. for the Respondent-State.
Mr. Ashwet B. with Mr. Vishal Dushing i/b Mr. Vaibhav Salvi for the
Applicant in IA/2476/2021.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 27th AUGUST 2026
P.C. :
1. In the wake of the directions issued by us in a bunch of
Writ Petitions, the lead Petition being Writ Petition No.1536 of 2017,
N. S. Chitnis 1/3
4-WP.10475.2018w.ia..doc
decided on 23rd July 2026, as well the directions issued in Writ Petition
No.5344 of 2026 decided on 24 th August 2026, we deem it
appropriate to permit the petitioners to prefer a representation to the
Deputy Conservator of Forests and permit the petition to be treated as
a representation to be placed before the Scrutiny Committee which
shall follow the mandate as set out in the Government Resolution
dated 13th August 2026, issued by the Revenue and Forest Department,
streamlining for redressal of grievance of those who claim that their
lands have been wrongly mutated as ‘Private Forests’ without
following the procedure laid down in Section 35 of the Indian Forest
Act, 1927.
We are informed that there is a cross petition being Writ
Petition No. 10030 of 2019 filed by the State Government and we
expect even this petition to receive reconsideration from the Scrutiny
Committee.
We are also informed by Mr. Kanade that there is an
Interim Application which is filed and we permit the intervener to
participate in the proceedings before the Scrutiny Committee.
N. S. Chitnis 2/3
4-WP.10475.2018w.ia..doc
All the proceedings shall be adjudicated by the Scrutiny
Committee in expeditious manner.
With the aforesaid directions, the writ petition stands
disposed of.
Interim Application No.2476 of 2021 also stand disposed
of.
ASHISH S. CHAVAN, J. BHARATI DANGRE, J.
N. S. Chitnis 3/3
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