Bombay High Court
PANKAJ MAHASUKHLAL SHAH AND ORSversusTHE STATE OF MAHARASHTRA THROU. ITS SEC. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is to be treated as a representation and referred to the Committee for scrutiny, and the writ petition is disposed.
Summary
The petitioners sought rectification of Mutation Entry No. 2545 for land in Village Nadhal, Raigad, alleging that the entry was marked ‘Vane’ and that the procedure under the Indian Forest Act, 1927 was not complied with. The High Court referred to its earlier decision in Director and Anr. vs. State of Maharashtra (Writ Petition No. 1536 of 2017) which led to the State Government constituting a Committee to examine compliance with the apex court’s parameters before declaring the land a ‘Private Forest’. The Court directed that the petition be treated as a representation and placed before the concerned officer, and thereafter before the Committee for scrutiny. It further held that any decision by the Committee to maintain the mutation entry would be a speaking order subject to further challenge. Consequently, the writ petition and any interim applications were disposed of.
Issues considered
- Whether the mutation entry for the land can be rectified on the ground of non‑compliance with the Indian Forest Act, 1927.
- Whether the procedure prescribed for declaring land as ‘Private Forest’ has been duly followed.
Legislation cited
Subjects
- mutation entry
- land records
- Indian Forest Act
- private forest
- committee scrutiny
- representation
- writ petition
Judgment
904-WP-11513-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11513 OF 2026
Pankaj Mahasukhlal Shah & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through its Secretary & Ors. ....Respondents
Mr.Balasaheb Ligade i/b Mr.Drupad Patil for the Petitioners.
Mr.Karan S. Thorat, B Panel counsel for the State.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 1st SEPTEMBER 2026
ORDER (PER BHARATI DANGRE, J) :-
1 The Writ Petition seek direction to rectify the Mutation
Entry No. 2545 in respect of land bearing survey No.78/4/b,
situated at Village Nadhal, Taluka Khalapur, District Raigad, with
remark ‘Vane’. The Petition also seek restoration of the
nomenclature stated in the said land while setting aside the
Mutation Entry, and this relief is sought in the background that
the procedure prescribed under the Indian Forest Act, 1927 has
not been adhered to.
2 In light of the decision delivered by this Court in WRIT
KISHOR
Digitally signed
RAJSHREE KISHOR
by RAJSHREE
MORE
PETITION NO. 1536 OF 2017 (Valuable Properties Pvt. Ltd. Through
Date:
MORE 2026.09.01
18:20:02 +0530
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904-WP-11513-2026.odt
the Director and Anr vs. The State of Maharashtra Through Its
Secretary and Ors.) decided on 23/07/2026, in furtherance of which a
Committee has been constituted by the State Government vide
Resolution dated 13/08/2026 for scrutinizing whether the parameters
laid down by the Hon’ble Apex Court as well as this Court have been
adhered to before declaring the land as ‘Private Forest’, we direct that
the Petition shall be treated as representation and shall be presented
before the concerned Officer in terms of the Government Resolution,
which shall in turn be placed before the Committee for its scrutiny.
Needless to state that if the Committee arrive at a decision that
the Mutation Entry deserve to be maintained, it shall a Speaking
Order, which shall be subject to any further challenge by the
Petitioners.
With the aforesaid direction, Writ Petition stand disposed of.
Interim Application, if any, also stand disposed of.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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