Bombay High Court
PAWAN RADHESHYAM GUPTA AND ORSversusTHE STATE OF MAHARASHTRA THROU. ITS SEC REVENUE AND FOREST DEPT 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 of.
Summary
The petitioners sought the rectification of Mutation Entry No. 1440 for land at Gat No. 358, Mauje Kondhla, Taluka Wada, Palghar, alleging that the procedure prescribed under the Indian Forest Act, 1927 was not followed and that the nomenclature ‘Vane’ should be restored. The High Court, referring to its earlier decision in Director and Anr. vs. State of Maharashtra (23 July 2026), noted that a Committee had been constituted by a State Government resolution dated 13 August 2026 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 to be placed before the concerned officer and subsequently 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. Accordingly, the writ petition and any interim applications were disposed of.
Issues considered
- Whether the mutation entry can be rectified when the procedure under the Indian Forest Act, 1927 has not been complied with.
- Whether the petition should be entertained directly by the Court or referred to the Committee constituted under the State Government resolution.
- Whether the land in question should be declared a private forest without the prescribed procedural safeguards.
Legislation cited
Subjects
- mutation entry
- land records
- Indian Forest Act
- private forest
- committee scrutiny
- representation
- high court
- writ petition
Judgment
905-WP-11521-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11521 OF 2026
Pawan Radheshyam Gupta & Ors. ....Petitioners
V/S
The State of Maharashtra,
Through Principal Secretary,
Revenue and Forest Dept. & Ors. ....Respondents
Mr.R.D. Soni a/w Vipinchandra Kasle for the Petitioner.
Mr.S.H. Kankal, AGP 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. 1440 in respect of land bearing Gat No.358, situated at
Mauje Kondhla, Taluka Wada, District Palghar, 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
Digitally signed
PETITION NO. 1536 OF 2017 (Valuable Properties Pvt. Ltd. Through
RAJSHREE KISHOR
by RAJSHREE
MORE
KISHOR Date:
MORE 2026.09.01
18:20:02 +0530
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905-WP-11521-2026.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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