Bombay High Court
JANARADHAN SUKHDEO KARPE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court disposed of all the writ petitions as withdrawn and directed the authorities to decide the petitioners' forest rights claims within twelve weeks under Section 6 of the Forest Rights Act, with no adverse action taken in the interim.
Summary
The petitioners, representing several groups of forest dwellers, sought to withdraw their writ petitions while requesting that the interim relief remain in force. The Court considered the petitioners' request and the role of the Committee constituted to protect their rights. It ordered that all the petitions be treated as withdrawn and directed the appropriate authorities to adjudicate the petitioners' claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, specifically Section 6. The authorities were instructed to decide the claims within twelve weeks and to refrain from any adverse action against the petitioners until final resolution. The petitioners were also directed to approach the authorities within two weeks.
Issues considered
- Whether the writ petitions may be withdrawn at the petitioners' request
- Whether interim relief should continue pending withdrawal
- What procedural steps the authorities must follow under the Forest Rights Act in adjudicating the petitioners' claims
Legislation cited
Subjects
- Forest Rights
- Scheduled Tribes
- Writ Petition
- Withdrawal of Petition
- Interim Relief
- Section 6
- Procedural Direction
Judgment
2026:BHC-AUG:7951-DB
620.17wp etc
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
10 WRIT PETITION NO. 620 OF 2017
ASHOK BUDHA SABALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
WITH
WRIT PETITION NO. 619 OF 2017
JANARADHAN SUKHDEO KARPE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
WITH
WRIT PETITION NO. 618 OF 2017
SUKHLAL SAKHARAM CHAMBHAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
…..
Mr Vijay Y. Patil, Advocate for Petitioners in all petitions
Ms J. P. Reddy, AGP for Respondents/State
…..
CORAM : KISHORE C. SANT
AND
SUSHIL M. GHODESWAR, JJ.
DATE : 20th FEBRUARY 2026
PER COURT :-
1. Learned Advocate for the petitioners submits that the
Committee is constituted to consider the claims of the persons like the
petitioners and to protect the rights of such persons. He, therefore, on
620.17wp etc
(2)
instructions, seeks leave to withdraw these petitions, with liberty to
approach before the appropriate authorities. He also prays to continue
the interim relief granted by this Court in these petitions for some
period.
2. Considering the above, all these petitions stand disposed
of as withdrawn.
3. The concerned authorities to consider the case of these
petitioners in view of the procedure given in the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006, and more particularly, as per the procedure under Section 6 of
the said Act. They shall consider and decide claims of the petitioners
within a period of twelve weeks. No adverse action be taken by the
authorities against the petitioners till the proceedings are finally
decided.
4. The petitioners shall approach the concerned authorities
within a period fo two weeks.
[SUSHIL M. GHODESWAR, J.] [KISHORE C. SANT, J.]
sjk
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