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Bombay High Court

ALKA SURYAKANT KARALEversusTHE STATE OF MAHASHTRA THROU. ITS SEC. FOREST DEPT ANDORS

Decided
Disposal
Disposed Off

Holding

The Court directed that representations be filed before the Deputy Conservator of Forests and referred to the Scrutiny Committee for expeditious adjudication, thereby disposing the writ petitions.

Summary

The High Court considered three writ petitions filed by Alka Suryakant Karale, Bajranglal Richhpal Gupta, and Aziz Esmail Dhariwala challenging the mutation of their lands as ‘Private Forests’ without compliance with Section 35 of the Indian Forest Act, 1927. The petitioners sought redress for alleged procedural violations by the Revenue and Forest Department. The 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 representations before the Deputy Conservator of Forests. It further directed that these representations be placed before a Scrutiny Committee established under the Government Resolution dated 13 August 2026 for speedy adjudication. The Court held that the Scrutiny Committee would examine the grievances and that all the writ petitions would stand disposed. Consequently, the petitioners were directed to pursue their claims through the administrative mechanism rather than further judicial intervention.

Issues considered

  • Whether the mutation of the petitioners' lands as ‘Private Forests’ without following Section 35 of the Indian Forest Act, 1927, is legally valid.
  • Whether the Court can direct the filing of representations to the Deputy Conservator of Forests and refer the matter to a Scrutiny Committee under the Government Resolution.
  • Whether the writ petitions should be disposed after such administrative directions.

Legislation cited

Subjects

  • Indian Forest Act
  • Section 35
  • land mutation
  • private forest
  • scrutiny committee
  • representation
  • writ petition
  • High Court
  • Maharashtra

Judgment

NISHA   Digitally signed by
        NISHA SANDEEP
SANDEEP CHITNIS
        Date: 2026.09.03
CHITNIS 13:41:19 +0530             7,8&20-wp.11140,11148&.2026&wpst.23532.2026.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                  WRIT PETITION NO.11140 OF 2026

                   Alka Suryakant Karale                    ...Petitioner
                        Versus
                   State of Maharashtra and Ors.            ...Respondents

                                              WITH
                                  WRIT PETITION NO.11148 OF 2026

                   Bajranglal Richhpal Gupta                ...Petitioner
                         Versus
                   State of Maharashtra and Ors.            ...Respondents

                                             WITH
                             WRIT PETITION (STAMP) NO.23532 OF 2026

                   Aziz Esmail Dhariwala and Ors.           ...Petitioners
                        Versus
                   The State of Maharashtra and Ors.        ...Respondents


                   Mr. Balasaheb G. Ligade i/b. Mr. Drupad S. Patil for the Petitioners in
                   all the petitions.

                   Mr. M. M. Pabale, A.G.P. for the Respondent-State in WP/11140/2026
                   and WPST/23532/2026

                   Mr. Karan Thorat, ‘B’ Panel Counsel for the Respondent-State in
                   WP/11148/2026.




   N. S. Chitnis                                                                       1/3
                                 7,8&20-wp.11140,11148&.2026&wpst.23532.2026.doc


                                            CORAM: BHARATI DANGRE &
                                                   ASHISH S. CHAVAN, JJ.

                                          DATE     : 31st 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,

                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 petitions 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.

                             All the proceedings shall be adjudicated by the Scrutiny

                Committee in expeditious manner.


N. S. Chitnis                                                                        2/3
                                 7,8&20-wp.11140,11148&.2026&wpst.23532.2026.doc


                           With the aforesaid directions, all the aforesaid writ

                petitions stand disposed of.



                ASHISH S. CHAVAN, J.                       BHARATI DANGRE, J.




N. S. Chitnis                                                                      3/3


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