Bombay High Court
TAIBAI MAHIPATI HUNDARE AND ORSversusSTATE OF MAHARASHTRA THR. ITS SECRETARY FOREST DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed that the petitioners be allowed to file representations before the Deputy Conservator of Forests and the Scrutiny Committee, and ordered the writ petitions to be disposed of pending administrative adjudication.
Summary
The Bombay High Court heard a series of writ petitions filed by several landowners who alleged that their lands had been erroneously mutated as ‘Private Forest’ without compliance with the procedure prescribed under Section 35 of the Indian Forest Act, 1927. The petitioners sought relief directing the authorities to reconsider the mutation and to allow them to file representations before the Deputy Conservator of Forests and a Scrutiny Committee. The Court, recalling its earlier directions in Writ Petition No.1536 of 2017 and Writ Petition No.5344/2026, ordered that the petitioners be permitted to file such representations and that the Scrutiny Committee adjudicate the matters expeditiously in accordance with the Government Resolution dated 13 August 2026. The Court further directed that all pending pleadings be dealt with by the Committee and that the writ petitions stand disposed of. No substantive determination on the validity of the mutations was made; the matter was remitted for administrative redressal.
Issues considered
- Whether the mutation of land as ‘Private Forest’ without following the procedure under Section 35 of the Indian Forest Act, 1927 is valid.
- Whether the petitioners are entitled to file a representation before the Deputy Conservator of Forests and a Scrutiny Committee for redressal of their grievance.
- Whether the High Court can direct administrative authorities to reconsider the mutation under the applicable statutory framework.
Legislation cited
- Indian Forest Act, 1927 — s. 35
Subjects
- private forest
- land mutation
- Indian Forest Act
- Section 35
- representation
- Scrutiny Committee
- forest grievance redressal
- high court directions
Judgment
WP-2914-2026+forest group.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2914 OF 2026
Vanita Siddharth Bhandari ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3606 OF 2026
Shalini Milind Walanj ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3607 OF 2026
Ganpat Raghu Mengde ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3612 OF 2026
Sagar Nandkumar Walanj & Anr. ....Petitioners
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3614 OF 2026
Taibai Mahipati Hundare & Ors. ....Petitioners
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
Digitally signed
RAJSHREE KISHOR
by RAJSHREE
MORE
WRIT PETITION NO.3615 OF 2026
KISHOR Date:
MORE 2026.09.08
09:38:07 +0530
Taibai Mahipati Hundare ....Petitioner
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WP-2914-2026+forest group.odt
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3616 OF 2026
Nandkumar Sonu Walanj ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3617 OF 2026
Annamarie Kith Nazresth Through PoA ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3618 OF 2026
Santosh Raichand Gandhi & Ors. ....Petitioners
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3619 OF 2026
Vandana Kisan Khondge ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3620 OF 2026
Rohini Sharad Gadsingh ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3621 OF 2026
Sagar Nandkumar Walanj & Ors. ....Petitioners
2/6
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V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.3622 OF 2026
Gautam Keshavji Thakkar through PoA ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
ALONGWITH
WRIT PETITION NO.4521 OF 2026
Nilesh Vitthal Kokne ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
WITH
WRIT PETITION NO.4526 OF 2026
Yashwant Gangaram Mali ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
WITH
WRIT PETITION NO.4527 OF 2026
Narayan Ganpat Ambekar ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
WITH
WRIT PETITION NO.4525 OF 2026
Narsing Sitaram Shinde ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
WITH
WRIT PETITION NO.4538 OF 2026
Sheetal Mahesh Parvate ....Petitioner
3/6
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V/S
State of Maharashtra & Ors. ....Respondents
WITH
WRIT PETITION NO.4528 OF 2026
Ashish Ashok Wardhe & Ors. ....Petitioners
V/S
State of Maharashtra & Ors. ....Respondents
Mr.Yash Naik i/b Mr.Atharva R.B. for the Petitioner in WP
No.2914/2026.
Mr.Yash Naik for the Petitioners in WP Nos.3606/2026,
3607/2026, 3612/2026, 3614/2026,3615/2026, 3616/2026,
3617/2026, 3618/2026,3619/2026, 3620/2026, 3621/2022 and
3622/2026.
Mr.Yash Naik i/b Mr.Swapnil Telank for the Petitioners in WP
No.4521/2026, WP No.4526/2026, WP No.4527/2026, WP
NO.4525/2026, WP No.4538/2026,WP No. 4528/2026.
Mr.A.I. Patel, Addl. GP a/w Mr.Karan S. Thorat, B Panel Counsel
for the State.
Ms.Shruti Vyas, Addl. GP a/w Ms.Savita Prabhune, AGP, Ms.G.R.
Raghuvanshi, AGP and Mr.Karan S. Thorat, B Panel Counsel for
State.
Ms.Shruti D. Vyas, Addl. GP a/w Ms.G.R. Raghuvanshi, AGP for
State in WP No.3606/2026.
Ms.Shruti D. Vyas, Addl. GP a/w Mr.M.M.Pable, AGP for State in
WP No.3612/2026.
Ms.Shruti D. Vyas, Addl. GP a/w Mr.Karan S. Thorat, B Panel
Counsel for State in WP No.3622/2026.
Mr.O.A. Chandurkar, Addl. GP a/w Mr.Karan. S. Thorat, B Panel
counsel for State in WP NO.3607/2026.
Mr.O.A. Chandurkar, Addl. GP a/w Ms.Savita Prabhune, AGP for
State in WP No.3616/2026.
Ms.Savita Prabhune, AGP for State in WP No.3614/2026.
Mr.M.M. Pable, AGP for State in WP No.3615/2026, WP
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No.3620/2026.
Mr.A.I. Patel, AGP for State in WP No.3617/2026.
Mr.A.I. Patel, Addl. GP a/w Ms.Savita Prabhune, AGP for State in
WP No.3618/2026, WP No.3619/2026.
Mr.Karan Thorat, B Panel Counsel for State in WP No.3621/2026.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 7th SEPTEMBER 2026
P.C. :
1 In the wake of the directions issued by us in a bunch of Writ
Petitions, the lead Petition being Writ Petition No.1536 of 2017,
decided on 23rd July, 2026, as well as the directions issued in Writ
Petition No.5344/2026 decided on 24/08/2026, we deem it
appropriate to permit the Petitioners to prefer a representation to
the Deputy Conservator of Forests, and permit the Petition to be
treated as a representation to be placed before the Scrutiny
Committee which shall follow the mandate as set out in the
Government Resolution dated 13th August, 2026, issued by the
Revenue and Forest Department, streaming for redressal of
grievance of those who claim that their lands have been wrongly
mutated as ‘Private Forest’ without following the procedure laid
down in Section 35 of the Indian Forest Act, 1927.
2 All the pleadings shall be adjudicated by the Scrutiny
Committee in an expeditious manner.
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3 With the aforesaid directions, the Writ Petitions stand
disposed of.
Interim Applications, if any, also stand disposed of.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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