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Bombay High Court

PAWAN RADHESHYAM GUPTAversusTHE STATE OF MAHARASHTRA THROU. ITS PRINCIPAL SEC. REVENUE AND FOREST DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The Court declined to grant the relief sought and directed the matter to be considered as a representation before the concerned officer and subsequently before the Committee, thereby disposing of the writ petition.

Summary

The petitioner, Pawan Radheshyam Gupta, filed a writ petition seeking rectification of Mutation Entry No. 3391 for land bearing Survey No. 148/3 in Asangaon, Thane, alleging that the entry was made with the remark ‘Vane’ and that the procedures under the Indian Forest Act, 1927 were not complied with. The petition also requested restoration of the original nomenclature and setting aside of the mutation entry. The Bombay High Court, relying on its earlier decision in Writ Petition No. 1536 of 2017 (Director and Anr vs State of Maharashtra), noted that a Committee had been constituted by a State Government resolution dated 13‑08‑2026 to examine compliance with the apex court’s parameters before declaring the land a ‘Private Forest’. The Court directed that the petition be treated as a representation to the concerned officer, whose findings would be placed before the Committee for scrutiny. The Court further held that any decision by the Committee to maintain the mutation entry would be a speaking order, subject to further challenge, and consequently disposed of the writ petition and any interim applications.

Issues considered

  • Whether the mutation entry for the land can be rectified or set aside on the ground of non‑compliance with the Indian Forest Act, 1927
  • Whether the procedural requirements laid down by the apex court for declaring land as ‘Private Forest’ have been satisfied
  • Whether the petitioner is entitled to administrative representation before the Committee constituted by the State Government

Legislation cited

Subjects

  • mutation entry
  • land records
  • Indian Forest Act, 1927
  • private forest
  • representation
  • committee scrutiny
  • Bombay High Court
  • writ petition

Judgment

                                                                             903-wp-7088-2026.odt


            rajshree


                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIVIL APPELLATE JURISDICTION
                                               WRIT PETITION NO. 7088 OF 2026
                              Pawan Radheshyam Gupta                       ....Petitioner
                                         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 No. 3391 in respect of land bearing       survey No.148/3,
                              situated at Village Asangaon, 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
                              PETITION NO. 1536 OF 2017 (Valuable Properties Pvt. Ltd. Through
           Digitally signed
RAJSHREE KISHOR
         by RAJSHREE
                 MORE
KISHOR
MORE
         Date:
         2026.09.01
           18:20:02 +0530     the Director and Anr vs. The State of Maharashtra Through Its

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                                                     903-wp-7088-2026.odt



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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