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Bombay High Court

RUSSELL FRANCIS DMELLO AND ANRversusTHE STATE OF MAHARASHTRA THR SEC. FOREST DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

Mutation Entry No.139 is quashed as it was not made in accordance with Sections 35(1) and 35(3) of the Indian Forest Act, 1927.

Summary

The petitioners, Russell Francis Dmello and an associate, filed a writ petition challenging Mutation Entry No.139 concerning lands bearing Gat No.38 in Village Pangloli, Taluka Maval, District Pune. They contended that the same mutation entry had been the subject of an earlier judgment (WP No.1536/2017, Valuable Properties Pvt. Ltd. & Anr. vs. State of Maharashtra) and that the entry was not made in compliance with statutory procedures. The learned Additional Government Pleader did not dispute this contention. The Court examined the procedural requirements under Sections 35(1) and 35(3) of the Indian Forest Act, 1927 and found that the mutation entry was not preceded by the mandated procedure. Consequently, the Court quashed Mutation Entry No.139 and directed the respondents to correct the revenue records within six weeks. The writ petition was granted in full.

Issues considered

  • Whether Mutation Entry No.139 is valid in view of the procedural requirements of Sections 35(1) and 35(3) of the Indian Forest Act, 1927.

Legislation cited

Subjects

  • mutation entry
  • land revenue
  • Indian Forest Act
  • quashing
  • correction of revenue records
  • writ petition
  • high court

Judgment

                                                                                 906-wp-12622-2026.odt


                      rajshree


                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CIVIL APPELLATE JURISDICTION


                                                     WRIT PETITION NO.12622 OF 2026


                                 Russell Francis Dmello & Anr.                  ....Petitioners
                                               V/S
                                 State of Maharasthra & Ors.                    ....Respondents


                                 Mr.Drupad Patil a/w Mr.Suyash Sule, for the Petitioners.
                                 Mr.M.M. Pable, AGP for the State.


                                                           CORAM : BHARATI DANGRE &
                                                                   ASHISH S. CHAVAN, JJ

                                                           DATE   : 5th OCTOBER, 2026


                                 P.C. :

                                 1        In continuation of our order dated 24/09/2026, the learned
                                 AGP do not dispute the contention of Mr.Patil, representing the
                                 Petitioner that the Petitioners’ land is also covered by the same
                                 Mutation Entry No.139 in respect of lands bearing Gat No.38 of
                                 Village Pangloli, Taluka Maval, District Pune, and this mutation
                                 entry was subject matter of our Judgment delivered on
                                 23/07/2026, in bunch of Writ Petition, lead Writ Petition being WP
                                 NO.1536/2017 in case of Valuable Properties Pvt. Ltd. & Anr. vs.
                                 State of Maharashtra & Ors.
RAJSHREE RAJSHREE
         Digitally signed by
                      KISHOR
KISHOR   MORE
         Date: 2026.10.05
MORE     15:30:02 +0530




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                                              906-wp-12622-2026.odt



2    As indicated by us, upon the statement coming before us, we
make the WP absolute in terms of prayer (a) and (b) by quashing
Mutation Entry No.139 in respect of lands bearing Gat No.38 of
Village Pangloli, Taluka Maval, District Pune, as we find that the
said mutation entry is not preceded by following the procedure
prescribed under Section 35(3) and 35(1) of the Indian Forest
Act, 1927.


3    Upon Mutation entries being set aside,        we direct the
revenue record to be corrected by Respondent Nos.5 and 6 within
a period of 6 weeks form today.




[ASHISH S. CHAVAN, J.]                 [BHARATI DANGRE, J.]




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