Bombay High Court
ASHOK SHIVONKAR MAHESHWARI AND ORSversusSTATE OF MAHARASHTRA THROU. SEC. REVENUE AND FOREST DEPT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is disposed with directions permitting the petitioners to file a representation before the Deputy Conservator of Forests and for the Scrutiny Committee to adjudicate the grievance expeditiously.
Summary
The petitioners challenged the mutation of their lands as ‘Private Forest’ alleging that the procedure under Section 35 of the Indian Forest Act, 1927 was not followed. The Court, recalling its earlier directions in Writ Petition No.1536 of 2017 and Writ Petition No.5344 of 2026, directed that the petitioners may file a representation before the Deputy Conservator of Forests. The representation is to be placed before the Scrutiny Committee, which must act in accordance with the Government Resolution dated 13 August 2026 and decide the grievance expeditiously. The Court ordered that all pleadings be adjudicated by the Scrutiny Committee without delay. Consequently, the writ petition was disposed of.
Issues considered
- Whether the petitioners are entitled to file a representation before the Deputy Conservator of Forests for redressal of alleged wrongful mutation of land as ‘Private Forest’.
- Whether the Scrutiny Committee must adjudicate the grievance expeditiously as per the Government Resolution dated 13 August 2026.
Legislation cited
- Indian Forest Act, 1927 — s. 35
Subjects
- Private Forest
- Land Mutation
- Indian Forest Act
- Section 35
- Representation
- Scrutiny Committee
- Grievance Redressal
Judgment
1/2 5 WP-11150-26.odt
Salgaonkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANDIRA MILIND Digitally signed by MANDIRA
MILIND SALGAONKAR
SALGAONKAR Date: 2026.09.03 18:23:14 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11150 OF 2026
Ashok Shivonkar Maheshwari & Ors. .. Petitioners
Versus
State of Maharashtra through .. Respondents
Secretary, Revenue and Forest
Department & Ors.
…
Mr.Sachin P. Shetye with Mr.Jotiram R. Jadhav for the
Petitioners.
Mr.M.M.Pable, A.G.P. for the State/Respondent.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 03rd SEPTEMBER, 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 as the directions
issued in Writ Petition No.5344 of 2026 decided on
24/08/2026, 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, streaming for redressal of grievance
of those who claim that their lands have been wrongly mutated
2/2 5 WP-11150-26.odt
as ‘Private Forest’, without following the procedure laid down
in Section 35 of the Indian Forest Act, 1927.
All the pleadings shall be adjudicated by the Scrutiny
Committee in an expeditious manner.
2. With the aforesaid directions, the Writ Petition stands
disposed of.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
Checking your session…