Bombay High Court
Laxman Mhadu Bhovar Since Dec Thr His ... vs The State Of Maharashtra Thr Principal ... on 7 October, 2025
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
2025:BHC-AS:44211-DB 906 WP 13117-25.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13117 OF 2025
Laxman Mhadu Bhovar
LAXMI
SUBHASH (since deceased through his Legal Heirs) ...Petitioner
SONTAKKE
Digitally signed by
Versus
LAXMI SUBHASH
SONTAKKE
Date: 2025.10.13
The State of Maharashtra & Ors. ...Respondents
14:15:24 +0530
_______
Mr. Milind Parab a/w Rajendra Gawade, Sumit Khopkar i/b. Milind Parab &
Associates for the Petitioner.
Ms. Savita Prabhune, AGP for the State.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 07th OCTOBER 2025
P.C.
1. This Petition is filed under Article 226 of the Constitution of India
prays for the following substantive reliefs:-
"(a) that this Hon'ble court may pleased to issue a writ of
certiorari or any other appropriate writ calling for the record &
proceedings in the matter of declaration order under section
22A of Maharashtra Private Forest (Acquisition) Act 1975
relating the petitioner land bearing Survey No 15, Hissa No 1,
admeasuring 2.53.90 H.R. situated at Village Yehoor, Tal. &
Dist. Thane, and after scrutiny and perusal as to Propriety,
Legality, Validity, and Correctness of the order dated
05.05.2008 passed by the Sub-Divisional Officer Thane,
Division-Thane, in the Proceeding bearing No 92/2006 and
96/2006 and pursuance of said order petitioners name be
recorded in 7/12 extract on Bhogavatdar column & delete the
name of Maharashtra State Reserve Forest and restore the land
in favors of the Petitioner.
(b) This Hon'ble court may please to issue appropriate write,
directing the respondents to forthwith restored the land and
handover the possession permanently in favor of petitioner's
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906 WP 13117-25.DOC
land Survey NO 15 Hissa No 1 at village Yehoor, Tal- & Dist.
Thane form the declaration made under section 22-A of
Maharashtra Private Forest (Acquisition) Act, 1975.
(c) That this Hon'ble court be pleased to direct the
Respondents No. 2 to decide the application filed by the
petitioner under section 6 of Maharashtra Private Forest
(Acquisition) Act, 1975.
(d) Pending the hearing and final disposal of the writ petition,
the Hon'ble court may please to restrain the respondents by
way of injunction from disposing of the petitioner's land survey
No 15 Hissa No 1 situated at village Yehoor, Tal-Dist. Thane in
pursuance of order dated 05/05/2008 passed by Sub Division
Officer Thane, Division Thane.
(e) Considering the fact and circumstances of the case, this Writ
petition may kindly be disposed of on merit at the admission
stage.
(f) Ad-interim reliefs in terms of prayer clause (d) above;
(d) Any other and further order be passed in favour of the
Petitioners in the interest of justice."
2. The Petitioner is primarily aggrieved by the inaction on the part of
Respondent No.2 in not deciding his application dated 26 th April 2024 filed under
Section 6 of the Maharashtra Private Forest (Acquisition) Act 1975, which is stated
to be causing grave prejudice to the Petitioner. The Petitioner submits that the
present Petition has been filed in as much as the Petitioner's land has been declared
as "restored" under Section 22A of the Maharashtra Private Forest (Acquisition)
Act, 1975 and thereby the Respondents have wrongly and erroneously exercised
their power to delete the name of the deceased Laxman Mhadu Bhovar (who is
now represented through his legal heirs Mr. Krushna Laxman Bhovar) from the
Kabjedar column and kept his name "in other rights column".
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906 WP 13117-25.DOC
3. The grievance of the Petitioner is that such application needs to be
taken to its logical conclusion and the same therefore ought to be looked into and
decided in an expeditious manner and as the law would mandate.
4. In view of the limited relief prayed by the Petitioner in the present
Petition and although there being no written opposition/reply of the Respondents
and considering the nature of the orders which we propose to pass, no prejudice
would be caused to the Respondents. The following order would serve the ends of
justice:-
ORDER
i. Respondent No.2 to consider and decide the pending application, dated 26th April 2024 filed under Section 6 of the Maharashtra Private Forest (Acquisition) Act 1975, in accordance with law and as expeditiously as possible, preferably within a period of eight weeks from the date this order is made available to the said Respondent by the Petitioner.
ii. Let all the parties be heard.
iii. All rights and contentions of the parties are expressly kept open.
iv. The Petition is disposed of in the aforesaid terms. No costs.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
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