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Bombay High Court

Asif Dawood PatelversusState of Maharashtra,

Decided
Disposal
Disposed Off

Holding

The petitioners are permitted to file a representation before the Deputy Conservator of Forests, and the Scrutiny Committee shall adjudicate the matter expeditiously.

Summary

The petitioners challenged the mutation of their lands to ‘Private Forest’ without compliance with Section 35 of the Indian Forest Act, 1927. The High Court, recalling its earlier directions in Writ Petition No.1536 of 2017 and Writ Petition No.5344/2026, ordered that the petitioners be allowed to file a representation before the Deputy Conservator of Forests. The Court directed that the representation be placed before the Scrutiny Committee, which must follow the Government Resolution dated 13 August 2026. The Scrutiny Committee was instructed to adjudicate the pleadings expeditiously. Consequently, the writ petitions were disposed of, and any interim applications were also dismissed.

Issues considered

  • Whether the mutation of the petitioners' lands to ‘Private Forest’ was effected without observing the procedure prescribed under Section 35 of the Indian Forest Act, 1927.
  • Whether the petitioners may be permitted to file a representation before the Deputy Conservator of Forests and the Scrutiny Committee for redressal of their grievance.

Legislation cited

Subjects

  • Indian Forest Act
  • Section 35
  • Private Forest
  • Representation
  • Scrutiny Committee
  • Land mutation
  • High Court of Bombay

Judgment

                                                                                    15-WP-8927-2026.odt


      rajshree


                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION
                                                      WRIT PETITION NO.8927 OF 2026


                                Asif Dawood Patel & Anr.                         ....Petitioners
                                              V/S
                                State of Maharashtra & Ors.                      ....Respondents


                                Mr.Atharva Bhingardeve for the Petitioner.
                                Ms.S.A. Prabhune, AGP for the State.


                                                          CORAM : BHARATI DANGRE &
                                                                  ASHISH S. CHAVAN, JJ

                                                          DATE     : 9th 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
             Digitally signed
RAJSHREE by RAJSHREE
KISHOR   KISHOR MORE
MORE     Date: 2026.09.10
         18:04:47 +0530




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                                                 15-WP-8927-2026.odt



mutated as ‘Private Forest’ without following the procedure laid
down in Section 35 of the Indian Forest Act, 1927.
     All the pleadings shall be adjudicated by the scrutiny
committee in expeditious manner.


2    With the aforesaid directions, the writ petition(s) stands
disposed of.
     Interim Application, if any, also stands disposed of.




[ASHISH S. CHAVAN, J.]                  [BHARATI DANGRE, J.]




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