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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