Bombay High Court
PAWAN RADHESHYAM GUPTA AND ORSversusTHE STATE OF MAHARASHTRA THROU. THE PRINCIPAL 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, with the writ petition disposed of pending the Committee’s decision.
Summary
The petitioners sought to have Mutation Entry No. 3385 for land in Asangaon, Thane, corrected and the nomenclature restored, alleging that the procedure under the Indian Forest Act, 1927 was not followed before the land was declared a private forest. The Court referred to its recent decision in Director and Anr. vs. State of Maharashtra (Petition No. 1536 of 2017) which led to the formation of a Committee by the State Government to examine compliance with the apex court’s parameters. The petition was treated as a representation to be placed before the concerned officer and then before the Committee for scrutiny. The Court indicated 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 without compliance with the Indian Forest Act, 1927.
- Whether the petitioners are entitled to restoration of the land's nomenclature and setting aside of the mutation entry.
Legislation cited
Subjects
- mutation entry
- land records
- Indian Forest Act
- private forest
- representation
- committee scrutiny
- writ petition
Judgment
906-WP-11522-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11522 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.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. 3385 in respect of land bearing Gat No.148/8, situated
at Village Asangaon, Taluka Shahpur, District Thane, 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
RAJSHREE KISHOR
by RAJSHREE
MORE
KISHOR
MORE
Date:
2026.09.01
18:20:02 +0530 PETITION NO. 1536 OF 2017 (Valuable Properties Pvt. Ltd. Through
1/2
906-WP-11522-2026.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.]
2/2
Checking your session…