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Bombay High Court

PAWAN RADHESHYAM GUPTA AND ORSversusTHE STATE OF MAHARASHTRA THROU ITS 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, and the writ petition stands disposed.

Summary

The petitioners sought rectification of several mutation entries for land in Vehloli village, alleging that the procedure under the Indian Forest Act, 1927 was not followed before the land was declared a private forest. The High Court referred to its recent decision in Director and Anr vs. State of Maharashtra (Petition No. 1536 of 2017) which mandated the formation of a committee to examine compliance with the apex court’s parameters. Accordingly, the court directed that the petition be treated as a representation and forwarded to the concerned officer and the committee for scrutiny. The court held that any decision by the committee to maintain the mutation entries 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 entries for the specified land parcels should be rectified.
  • Whether the procedure prescribed under the Indian Forest Act, 1927 was complied with before declaring the land as private forest.
  • Whether the petitioners are entitled to restoration of the original nomenclature of the land.

Legislation cited

Subjects

  • mutation
  • land records
  • private forest
  • Indian Forest Act
  • representation
  • committee
  • high court

Judgment

                                                                             907-WP-11524-2026.odt


            rajshree
                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION


                                               WRIT PETITION NO. 11524 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.M.M. Pable, 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 Nos. 1593, 978, 1592 and 958, in respect of land bearing
                              Gat No.53/3, 53/4, 53/5/1 and 53/5/2, situated at Village Vehloli,
                              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

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                                                    907-WP-11524-2026.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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