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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