Bombay High Court
AAMBY VALLEY LIMITED THR ITS AUTHORIZED REPRESENTATIVEversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is to be considered as a representation before the Deputy Conservator of Forest and referred to the Committee, with the interim stay remaining for four weeks pending the Committee’s finding.
Summary
The petition sought to quash Mutation Entry No.697 concerning a private forest parcel in Kumbheri, Pune. The High Court had earlier stayed the Revenue Forest Officer's order pending a reply affidavit. Following a state government resolution and a prior decision in WP No.1536/2017, the court directed that the petition be treated as a representation before the Deputy Conservator of Forest and referred to a government‑constituted Committee. An interim order was maintained for four weeks, contingent on the Committee’s findings, and the petition was disposed without further relief. The court emphasized adherence to the procedural framework established by the government resolution.
Issues considered
- Whether the mutation entry affecting private forest land should be quashed.
- Whether the petition should be referred to the Committee as per the government resolution.
- Whether the interim stay on the Revenue Forest Officer’s order should continue pending the Committee’s decision.
Subjects
- private forest
- mutation entry
- representation
- government committee
- interim order
- quashing
Judgment
26-WP-3663-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3663 OF 2026
Aamby Valley Limited ....Petitioner
V/S
State of Maharashtra & Ors. ....Respondents
Mr.Suyash Sule for the Petitioner.
Mr.Karan S. Thorat, B Panel counsel for the State.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 21st SEPTEMBER 2026
P.C. :
1 This is yet another Petition which involve the issue of
private forest and the relief sought is for quashing and setting
aside of Mutation Entry No.697 in relation to Gat No.127, situated
at Village Kumbheri, Taluka Mulshi, District Pune.
When the Petition was listed before us on 23/03/2026,
while issuing notice, we directed that the order passed by the RFO
shall not be given effect to till Reply Affidavit is filed.
2 In the wake of our decision delivered on 23/07/2026 in a
group of Petitions, the lead Petition being WP No.1536/2017, the
State Government has already issued a Resolution for dealing
Digitally signed
RAJSHREE by RAJSHREE
KISHOR MORE
KISHOR Date:
MORE 2026.09.22
10:12:13 +0530
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26-WP-3663-2026.odt
with the cases in light of the parameters laid down by the Hon’ble
Apex Court and followed by us.
The learned B Panel counsel Mr.Karan Thorat has placed
before us a communication stating that, though as directed by the
Court, Reply Affidavit is to be filed, in the wake of the directions
issued in the aforesaid Writ Petition, the matters are to be made
over to the Committee which is constituted by the Government by
its Resolution dated 13/08/2026.
3 In the wake of the aforesaid, since we have already passed
similar orders directing the Petition to be treated by the
concerned Deputy Conservator of Forest as a representation, and
then place it before the Committee for its consideration, as the
process is already chalked out by the Government Resolution.
However, in the meantime, we direct that the interim order
passed by us on 23/03/2026 read with the order dated
21/04/2026, shall remain in force for a period of four weeks in
case if the Committee render a finding against the Petitioner.
However, if it accepts the contention of the Petitioner,
necessarily there is no need for any such interim relief.
With this direction, we dispose of the Writ Petition.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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