Bombay High Court
Dunda Bhimaji Earnak And Ors vs The Union Of India Thr. Secretary Of ... on 26 February, 2026
Author: Bharati Dangre
Bench: Bharati Dangre
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP
2026:BHC-AS:11874-DB
Date: 2026.03.11
CHITNIS 12:45:23 +0530
904-wp.1883.2022.(gr).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1883 OF 2022
1. Laxman Paraji Wagh
Age- Adult, Occupation- Farming & Labour
2. Ramdas Paraji Wagh
Age- Adult, Occupation- Farming & Labour
3. Sambhaji Tukaram Dudhawade
Age- Adult, Occupation- Farming & Labour
4. Sahadu Hanumant Madhe
5. Shivaji Laxman Mengal
Age- Adult, Occupation- Farming & Labour
6. Balu Hanumant Madhe
Age- Adult, Occupation- Farming & Labour
7. Hanuman Ramaji Mengal
Age- Adult, Occupation- Farming & Labour
8. Sitaram Chimaji Kedar
Age- Adult, Occupation- Farming & Labour
9. Bhau Balu Kedar
Age- Adult, Occupation- Farming & Labour
10. Balu Hanumant Madhe
Age- Adult, Occupation- Farming & Labour
11. Sita Shivaram Wagh
Age- Adult, Occupation- Farming & Labour
N. S. Chitnis 1/36
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12. Tukaram Laxman Madhe
Age- Adult, Occupation- Farming & Labour
13. Kashinath Damu Madhe
Age- Adult, Occupation- Farming & Labour
14. Giraju Devram Mengal
Age- Adult, Occupation- Farming & Labour
15. Pramila Dilip Kedar
Age- Adult, Occupation- Farming & Labour
16. Vishnu Bhau Mengal
Age- Adult, Occupation- Farming & Labour
17. Shantaram Kondibhau Dudhawade
Age- Adult, Occupation- Farming & Labour
All are residing at post- Pimpri Pendhar,
Taluka - Junnar, District - Pune ...Petitioners
Versus
1. The Union of India,
Through Secretary of Forest Department,
New Delhi.
2. The Union of India,
Through Secretary of Tribal Affairs,
New Delhi.
3. The State of Maharashtra,
Through Principal Secretary,
Mantralaya, Mumbai.
N. S. Chitnis 2/36
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4. The Ministry for Forests,
State of Maharashtra Mantralaya,
Mumbai.
5. The Ministry for Revenue,
State of Maharashtra Mantralaya,
Mumbai.
6. The Ministry for Tribal Welfare,
State of Maharashtra
Mantralaya, Mumbai.
7. The Divisional Commissioner,
Pune Division,
Pune.
8. The District Collector,
Pune District, Pune.
9. The Chief Conservator of Forests,
State of Maharashtra.
10. The Deputy Conservator of Forests,
Junnar Forest Department, Junnar,
District Pune.
11. The Appointed Officer cum
Assistant Conservator of Forests
Junnar Forest Department, Junnar,
District Pune.
12. The Sub Divisional Officer
Taluka: Junnar,
District Pune.
N. S. Chitnis 3/36
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13. The Chief Executive Officer,
Pune Zilla Parishad,
Pune.
14. The Block Development Officer,
Taluka: Junnar,
District Pune.
15. The Tahsildar,
Taluka: Junnar,
District Pune.
16. The Circle Officer,
Vadgaon Anand, Tal. Junnar,
District Pune.
17. The Talathi,
Gram Panchayat Pimpri Pendhar,
Tal. Junnar, Dist. Pune.
18. The Gram Sevak,
Gram Panchayat Pimpri Pendhar,
Tal. Junnar, Dist. Pune.
19. The Tribal Development Commissionerate,
Through the Tribal Development Officer,
Ghodegaon, Khatkali, Tal. Ambegaon,
Dist. Pune, Maharashtra 412408. ...Respondents
WITH
WRIT PETITION NO.1882 OF 2022
1. Balu Bhimaji Kale
Age- 49, Occupation- Farming & Labour
N. S. Chitnis 4/36
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2. Sushila Balshiram Kale
Age- Adult, Occupation- Farming & Labour
3. Ramdas Mhataraba Madhe
Age- Adult, Occupation- Farming & Labour
4. Gulab Vithhal Paradhi
Age- Adult, Occupation- Farming & Labour
5. Suresh Waman Gavade
Age- Adult, Occupation- Farming & Labour
6. Sudam Keru Sapre
Age- Adult, Occupation- Farming & Labour
7. Kondaji Bhimaji Paradhi
Age- Adult, Occupation- Farming & Labour
8. Bhimaji Rama Paradhi
Age- Adult, Occupation- Farming & Labour
9. Gulab Mangesh Kale
Age- Adult, Occupation- Farming & Labour
10. Tabaji Rama Dudhane
Age- Adult, Occupation- Farming & Labour
11. Ranjana Eknath Khande
Age- Adult, Occupation- Farming & Labour
12. Savita Mahadev Kanade
Age- Adult, Occupation- Farming & Labour
13. Thamaji Bhaga Dudhwade
Age- Adult, Occupation- Farming & Labour
N. S. Chitnis 5/36
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14. Bhamabai Sakharam Kedari
Age- Adult, Occupation- Farming & Labour
15. Baliram Shivram Madhe
Age- Adult, Occupation- Farming & Labour
16. Savaleram Bhimaji Kedari
Age- Adult, Occupation- Farming & Labour
17. Kashinath Bhau Paradhi
Age- Adult, Occupation- Farming & Labour
18. Sahebrao Keshav Jadhav
Age- Adult, Occupation- Farming & Labour
19. Sitabai Kisan Madhe
Age- Adult, Occupation- Farming & Labour
20. Taibai Kondiba Kedari
Age- Adult, Occupation- Farming & Labour
21. Prakash Haribhau Kale
Age- Adult, Occupation- Farming & Labour
22. Subhash Balu Jadhav
Age- Adult, Occupation- Farming & Labour
23. Popat Sakharam Madhe
Age- Adult, Occupation- Farming & Labour
24. Mangesh Anus Kale
Age- Adult, Occupation- Farming & Labour
25. Tatyabhau Sahadu Kale
Age- Adult, Occupation- Farming & Labour
N. S. Chitnis 6/36
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26. Dnyaneshrwar Kondibhau Sonawane
Age- Adult, Occupation- Farming & Labour
27. Shivaji Kisan Ubale
Age- Adult, Occupation- Farming & Labour
28. Pandurang Jagannath Pawar
Age- Adult, Occupation- Farming & Labour
29. Pratik Ranganath Shinde
Age- Adult, Occupation- Farming & Labour
30. Bhuleshwar Kisan Ubale
Age- Adult, Occupation- Farming & Labour
31. Dattatraya Maruti Thorat
Age- Adult, Occupation- Farming & Labour
32. Keshav Jivanji Shinde
Age- Adult, Occupation- Farming & Labour
33. Tarabai Prabhakar Gosavi
Age- Adult, Occupation- Farming & Labour
All Residing at - Near Kalingwad Dhaba Kalamb
and Kalamb, Taluka - Ambegaon,
District - Pune ...Petitioners
Versus
1. The Union of India,
Through Secretary of Forest Department,
New Delhi.
2. The Union of India,
Through Secretary of Tribal Affairs,
New Delhi.
N. S. Chitnis 7/36
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3. The State of Maharashtra,
Through Principal Secretary,
Mantralaya, Mumbai.
4. The Ministry for Forests,
State of Maharashtra Mantralaya,
Mumbai.
5. The Ministry for Revenue,
State of Maharashtra Mantralaya,
Mumbai.
6. The Ministry for Tribal Welfare,
Mantralaya, Mumbai.
7. The Divisional Commissioner,
Pune Division,
Pune.
8. The District Collector,
Pune District, Pune.
9. The Chief Conservator of Forests,
State of Maharashtra.
10. The Deputy Conservator of Forests,
Ambegaon Forest Department, Ambegaon,
District Pune.
11. The Appointed Officer cum
Assistant Conservator of Forests
Ambegaon Forest Department, Ambegaon,
District Pune.
N. S. Chitnis 8/36
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12. The Sub Divisional Officer
Taluka: Ambegaon,
District Pune.
13. The Chief Executive Officer,
Pune Zilla Parishad,
Pune.
14. The Block Development Officer,
Taluka: Ambegaon,
District Pune.
15. The Tahsildar,
Taluka: Ambegaon,
District Pune.
16. The Circle Officer,
Kalamb, Tal. Ambegaon,
District Pune.
17. The Talathi,
Gram Panchayat Kalamb,
Tal. Junnar, Dist. Pune.
18. The Gram Sevak,
Gram Panchayat Kalamb,
Tal. Junnar, Dist. Pune.
19. The Tribal Development Commissionerate,
Through the Tribal Development Officer,
Ghodegaon, Khatkali, Tal. Ambegaon, Dist. Pune
Maharashtra 412408. ...Respondents
N. S. Chitnis 9/36
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WITH
WRIT PETITION NO.1886 OF 2022
1. Dunda Bhimaji Earnak
Age- 47, Occupation- Farming & Labour
2. Mangaldas Balu Memane
Age- Adult, Occupation- Farming & Labour
3. Dadabhau Bhimaji Earnak
Age- Adult, Occupation- Farming & Labour
4. Valu Manaji Earnak
Age- Adult, Occupation- Farming & Labour
5. Balu Maruti Nadekar
Age- Adult, Occupation- Farming & Labour
6. Umaji Kashinath Gavari
Age- Adult, Occupation- Farming & Labour
All are Residing at - Sangnore,
Post- Pimpalgaon Joga,
Taluka - Junnar, District - Pune ...Petitioners
Versus
1. The Union of India,
Through Secretary of Forest Department,
New Delhi.
2. The Union of India,
Through Secretary of Tribal Affairs,
New Delhi.
3. The State of Maharashtra,
Through Principal Secretary,
N. S. Chitnis 10/36
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Mantralaya, Mumbai.
4. The Ministry for Forests,
State of Maharashtra Mantralaya,
Mumbai.
5. The Ministry for Revenue,
State of Maharashtra Mantralaya,
Mumbai.
6. The Ministry for Tribal Welfare,
State of Maharashtra
Mantralaya, Mumbai.
7. The Divisional Commissioner,
Pune Division,
Pune.
8. The District Collector,
Pune District, Pune.
9. The Chief Conservator of Forests,
State of Maharashtra.
10. The Deputy Conservator of Forests,
Junnar Forest Department, Junnar,
District Pune.
11. The Appointed Officer cum
Assistant Conservator of Forests
Junnar Forest Department, Junnar,
District Pune.
12. The Sub Divisional Officer
Taluka: Junnar,
District Pune.
N. S. Chitnis 11/36
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13. The Chief Executive Officer,
Pune Zilla Parishad,
Pune.
14. The Block Development Officer,
Taluka: Junnar,
District Pune.
15. The Tahsildar,
Taluka: Junnar,
District Pune.
16. The Circle Officer,
Dingore, Tal. Junnar,
District Pune.
17. The Talathi,
Gram Panchayat Sangnore,
Tal. Junnar, Dist. Pune.
18. The Gram Sevak,
Gram Panchayat Sangnore,
Tal. Junnar, Dist. Pune.
19. The Tribal Development Commissionerate,
Through the Tribal Development Officer,
Ghodegaon, Khatkali, Tal. Ambegaon, Dist. Pune
Maharashtra 412408. ...Respondents
WITH
WRIT PETITION NO.1888 OF 2022
1. Dilip Shantaram Shinde
Age- 45 years, Occupation- Farming & Labour
N. S. Chitnis 12/36
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2. Arjun Macchindra Barde
Age- 25 years, Occupation- Farming & Labour
3. Anil Mohan Rokade
Age- 34 years, Occupation- Farming & Labour
4. Lahu Shravan Jadhav
Age- 30 years, Occupation- Farming & Labour
5. Bhagwan Limbaji Rokade
Age- 57 years, Occupation- Farming & Labour
6. Hiraman Kantaram Shinde
Age- 45 years, Occupation- Farming & Labour
7. Ashabai Bandu Pawar
Age- 36 years, Occupation- Farming & Labour
8. Vilas Ganpat Nikam
Age- 43 years, Occupation- Farming & Labour
9. Kailas Zumbar Khaire
Age- 40 years, Occupation- Farming & Labour
10. Sanjay Baburao More
Age- 38 years, Occupation- Farming & Labour
11. Sanjay Arjun More
Age- 40 years, Occupation- Farming & Labour
12. Sunil Mohan Rokade
Age- 36 years, Occupation- Farming & Labour
13. Bhauso Namdeo More
Age- 40 years, Occupation- Farming & Labour
N. S. Chitnis 13/36
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14. Nitin Vitthal Wagh
Age- 31 years, Occupation- Farming & Labour
15. Ranjit Shantaram Shinde
Age- 30 years, Occupation- Farming & Labour
All are Residing at - Udapur,
Taluka - Junnar, District - Pune ...Petitioners
Versus
1. The Union of India,
Through Secretary of Forest Department,
New Delhi.
2. The Union of India,
Through Secretary of Tribal Affairs,
New Delhi.
3. The State of Maharashtra,
Through Principal Secretary,
Mantralaya, Mumbai.
4. The Ministry for Forests,
State of Maharashtra Mantralaya,
Mumbai.
5. The Ministry for Revenue,
State of Maharashtra Mantralaya,
Mumbai.
6. The Ministry for Tribal Welfare,
State of Maharashtra
Mantralaya, Mumbai.
7. The Divisional Commissioner,
Pune Division,
N. S. Chitnis 14/36
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Pune.
8. The District Collector,
Pune District, Pune.
9. The Chief Conservator of Forests,
State of Maharashtra.
10. The Deputy Conservator of Forests,
Junnar Forest Department, Junnar,
District Pune.
11. The Appointed Officer cum
Assistant Conservator of Forests
Junnar Forest Department, Junnar,
District Pune.
12. The Sub Divisional Officer
Taluka: Junnar,
District Pune.
13. The Chief Executive Officer,
Pune Zilla Parishad,
Pune.
14. The Block Development Officer,
Taluka: Junnar,
District Pune.
15. The Tahsildar,
Taluka: Junnar,
District Pune.
16. The Circle Officer,
Dingore, Tal. Junnar,
District Pune.
N. S. Chitnis 15/36
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17. The Talathi,
Gram Panchayat Udapur,
Tal. Junnar, Dist. Pune.
18. The Gram Sevak,
Gram Panchayat Udapur,
Tal. Junnar, Dist. Pune.
19. The Tribal Development Commissionerate,
Through the Tribal Development Officer,
Ghodegaon, Khatkali, Tal. Ambegaon, Dist. Pune
Maharashtra 412408. ...Respondents
WITH
WRIT PETITION NO.1893 OF 2022
1. Bhimabai Baraku Madhe
Age- 65 years, Occupation- Farming & Labour
2. Bababai Devram Madhe
Age- 66 years, Occupation- Farming & Labour
3. Dinkar Shantaram Doke
Age- 36 years, Occupation- Farming & Labour
4. Gangubai Rajaram Doke
Age- 55 years, Occupation- Farming & Labour
5. Gunaji Sakharam Madhe
Age- 58 years, Occupation- Farming & Labour
6. Tukaram Sakharam Madhe
Age- 37 years, Occupation- Farming & Labour
N. S. Chitnis 16/36
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7. Shantaram Dadabhau Doke
Age- 33 years, Occupation- Farming & Labour
8. Yashwant Lahanu Jadhav
Age- 42 years, Occupation- Farming & Labour
9. Shantaram Khema Madhe
Age- 42 years, Occupation- Farming & Labour
10. Balashiram Ramabhau Doke
Age- 43 years, Occupation- Farming & Labour
11. Lilabai Kashinath Doke
Age- 52 years, Occupation- Farming & Labour
12. Dagadabai Baban Madhe
Age- 54 years, Occupation- Farming & Labour
13. Pandurang Ulhaji Doke
Age- 51 years, Occupation- Farming & Labour
14. Shantaram Nana Dudhawade
Age- 50 years, Occupation- Farming & Labour
15. Kisan Devaji Dudhwade
Age- 67 years, Occupation- Farming & Labour
16. Vasant Dagadu Kedar
Age- 46 years, Occupation- Farming & Labour
17. Baraku Sakharam Madhe
Age- 52 years, Occupation- Farming & Labour
18. Vilas Madhadu Shinde
Age- 55 years, Occupation- Farming & Labour
N. S. Chitnis 17/36
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19. Shivaji Devaji Dhudhwade
Age- 65 years, Occupation- Farming & Labour
20. Kiran Mahadu Doke
Age- 26 years, Occupation- Farming & Labour
21. Devram Kashinath Dudhawade
Age- 26 years, Occupation- Farming & Labour
22. Arjun Jagannath Suryawanshi
Age- 65 years, Occupation- Farming & Labour
23. Dhondibhau Kashinath Dudhawade
Age- 30 years, Occupation- Farming & Labour
24. Ramdas Sahadu Doke
Age- 55 years, Occupation- Farming & Labour
All are Residing at - Ambegavhan,
Post- Rohakadi
Taluka - Junnar, District - Pune ...Petitioners
Versus
1. The Union of India,
Through Secretary of Forest Department,
New Delhi.
2. The Union of India,
Through Secretary of Tribal Affairs,
New Delhi.
3. The State of Maharashtra,
Through Principal Secretary,
Mantralaya, Mumbai.
N. S. Chitnis 18/36
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4. The Ministry for Forests,
State of Maharashtra Mantralaya,
Mumbai.
5. The Ministry for Revenue,
State of Maharashtra Mantralaya,
Mumbai.
6. The Ministry for Tribal Welfare,
State of Maharashtra
Mantralaya, Mumbai.
7. The Divisional Commissioner,
Pune Division,
Pune.
8. The District Collector,
Pune District, Pune.
9. The Chief Conservator of Forests,
State of Maharashtra
10. The Deputy Conservator of Forests,
Junnar Forest Department, Junnar,
District Pune.
11. The Appointed Officer cum
Assistant Conservator of Forests
Junnar Forest Department, Junnar,
District Pune.
12. The Sub Divisional Officer
Taluka: Junnar,
District Pune.
N. S. Chitnis 19/36
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13. The Chief Executive Officer,
Pune Zilla Parishad,
Pune.
14. The Block Development Officer,
Taluka: Junnar,
District Pune.
15. The Tahsildar,
Taluka: Junnar,
District Pune.
16. The Circle Officer,
Otur, Tal. Junnar,
District Pune.
17. The Talathi,
Gram Panchayat Ambegavhan,
Tal. Junnar, Dist. Pune.
18. The Gram Sevak,
Gram Panchayat Ambegavhan,
Tal. Junnar, Dist. Pune.
19. The Tribal Development Commissionerate,
Through the Tribal Development Officer,
Ghodegaon, Khatkali, Tal. Ambegaon, Dist. Pune
Maharashtra 412408. ...Respondents
WITH
WRIT PETITION NO.5030 OF 2019
1. Valhu Govind Jadhav
Age- Adult, Occupation- Farming & Labour
N. S. Chitnis 20/36
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2. Khema Kondiba Kale
Age- Adult, Occupation- Farming & Labour
3. Hanumant Mahadu Jadhav
Age- Adult, Occupation- Farming & Labour
4. Tukaram Mahadu Jadhav
Age- Adult, Occupation- Farming & Labour
5. Sakharam Lakshman Jadhav
Age- Adult, Occupation- Farming & Labour
6. Bhau Ananda Jadhav
Age- Adult, Occupation- Farming & Labour
7. Surekha Prabhakar Jadhav
Age- Adult, Occupation- Farming & Labour
8. Baalshiram Haribhau Kale
Age- Adult, Occupation- Farming & Labour
9. Ramji Rupa Jadhav
Age- Adult, Occupation- Farming & Labour
10. Devram Ravba Jadhav
Age- Adult, Occupation- Farming & Labour
11. Namaji Ananda Jadhav
Age- Adult, Occupation- Farming & Labour
12. Devram Govind Jadhav
Age- Adult, Occupation- Farming & Labour
13. Kantabai Shivram Jadhav
Age- Adult, Occupation- Farming & Labour
N. S. Chitnis 21/36
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14. Jijabai Sakharam Kale
Age- Adult, Occupation- Farming & Labour
15. Gorakshnath Valhu Jadhav
Age- Adult, Occupation- Farming & Labour
16. Bhau Tulshiram Jadhav
Age- Adult, Occupation- Farming & Labour
17. Rakhma Chimaji Jadhav
Age- Adult, Occupation- Farming & Labour
18. Leelabai Santosh Keval
Age- Adult, Occupation- Farming & Labour
19. Pandurang Sakharam Jadhav
Age- Adult, Occupation- Farming & Labour
20. Naamdev Mahadu Jadhav
Age- Adult, Occupation- Farming & Labour
21. Kamal Balu Jadhav
Age- Adult, Occupation- Farming & Labour
22. Sitaram Govind Jadhav
Age- Adult, Occupation- Farming & Labour
23. Madhukar Laxman Jadhav
Age- Adult, Occupation- Farming & Labour
24. Devji Ramji Jadhav
Age- Adult, Occupation- Farming & Labour
25. Manjula Rajaram Jadhav
N. S. Chitnis 22/36
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Age- Adult, Occupation- Farming & Labour
26. Kabaji Harku Jadhav
Age- Adult, Occupation- Farming & Labour
27. Kailash Chima Jadhav
Age- Adult, Occupation- Farming & Labour
28. Shashikant Devram Jadhav
Age- Adult, Occupation- Farming & Labour
29. Ishwar Tulshiram Jadhav
Age- Adult, Occupation- Farming & Labour
30. Chima Haribhau Kale
Age- Adult, Occupation- Farming & Labour
31. Bhanudas Shankar Jadhav
Age- Adult, Occupation- Farming & Labour
32. Mohana Harku Jadhav
Age- Adult, Occupation- Farming & Labour
All Residing at - Survey No. 1035,
Gat No. 65, 67, 68, 69, 71, 72
Mauje Ahinvewadi,
Taluka - Junnar, District - Pune
33. Pinabai Nivrutti Jadhav
Age- Adult, Occupation- Farming & Labour
34. Kamal Namdev Madhe
Age- Adult, Occupation- Farming & Labour
35. Thakubai Devji Pardhi
Age- Adult, Occupation- Farming & Labour
N. S. Chitnis 23/36
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36. Hona Namdev Jadhav
Age- Adult, Occupation- Farming & Labour
37. Rajaram Govind Jadhav
Age- Adult, Occupation- Farming & Labour
38. Ramdas Ramchandra Jadhav
Age- Adult, Occupation- Farming & Labour
39. Devram Damu Jadhav
Age- Adult, Occupation- Farming & Labour
40. Genabhau Govind Jadhav
Age- Adult, Occupation- Farming & Labour
41. Kisan Khema Jadhav
Age- Adult, Occupation- Farming & Labour
42. Pandurang Rabhaji Jadhav
Age- Adult, Occupation- Farming & Labour
43. Sakhubai Dhodiba Vare
Age- Adult, Occupation- Farming & Labour
44. Bhau Devram Jadhav
Age- Adult, Occupation- Farming & Labour
All Residing at - Survey No. 56, 57, 58
Mauje Ahinvewadi, Taluka - Junnar,
District - Pune ...Petitioners
Versus
1. The Union of India,
Through Secretary of Forest Department,
New Delhi.
N. S. Chitnis 24/36
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2. The Union of India,
Through Secretary of Tribal Affairs,
New Delhi.
3. The State of Maharashtra,
Through Principal Secretary,
Mantralaya, Mumbai.
4. The Ministry for Forests,
State of Maharashtra Mantralaya,
Mumbai.
5. The Ministry for Revenue,
State of Maharashtra Mantralaya,
Mumbai.
6. The Ministry for Tribal Welfare,
State of Maharashtra
Mantralaya, Mumbai.
7. The Divisional Commissioner,
Pune Division,
Pune.
8. The District Collector,
Pune District, Pune.
9. The Chief Conservator of Forests,
State of Maharashtra
Office at- IIIrd Floor, Van Bhanvan,
Ramgiri Road, Civil Lines,
Near Police Gym Khana, CBI Colony,
Nagpur, Maharashtra 440001
10. The Deputy Conservator of Forests,
N. S. Chitnis 25/36
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Junnar Forest Department, Junnar,
District Pune.
11. The Appointed Officer cum
Assistant Conservator of Forests
Junnar Forest Department, Junnar,
District Pune.
12. The Sub Divisional Officer
Taluka: Junnar,
District Pune.
13. The Chief Executive Officer,
Pune Zilla Parishad,
Pune.
14. The Block Development Officer,
Taluka: Junnar,
District Pune.
15. The Tahsildar,
Taluka: Junnar,
District Pune.
16. The Circle Officer,
Otur, Tal. Junnar,
District Pune.
17. The Talathi,
Gram Panchayat Ahinwewadi,
Tal. Junnar, Dist. Pune.
18. The Gram Sevak,
Gram Panchayat Ahinwewadi,
Tal. Junnar, Dist. Pune.
N. S. Chitnis 26/36
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19. The Tribal Development Commissionerate,
Through the Tribal Development Officer,
Ghodegaon, Khatkali,
Tal. Ambegaon, Dist. Pune
Maharashtra 412408. ...Respondents
Mr. Sunip Kumar Sen, Senior Advocate with Mr. Shilpan Gaonkar,
Mr. Shekhar Mane, Mr. Samarth Sadavarte and Mr. Prabhakar Jadhav
for the Petitioners in all the petitions.
Mr. Ratan L. Adhe i/b Mr. Pankaj Deokar for the Respondent Nos.13
and 14.
Mr. Rajiv Chavan, Senior Advocate with Ms. Priyanka Chavan,
Ms. Asmi Desai and Ms. Sonam Pandey for the Respondent-Union of
India in WP/1883/2022, WP/1886/2022; WP/1882/2022;
WP/1893/2022; and WP/1888/2022.
Mr. Akhil Kupade i/b Mr. Sukumar Ghanavat for the Respondent
No.18.
Mr. O. A. Chandurkar, Addl. G.P. with Mr. B. V. Samant, Addl.G.P.
with Mr. M. M. Pable, A.G.P., Mr. V. G. Badgujar, Ms. V. R. Raje,
A.G.P., Ms. P. M. Joshi-Deshpande, A.G.P., Ms. S. A. Prabhune, A.G.P.
and Mr. Karan S. Thorat, 'B' Panel Counsel for the Respondent-State.
CORAM: BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
DATE : 26th FEBRUARY 2026
ORAL JUDGMENT (Per Bharati Dangre, J.) :
1. Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. Learned counsel N. S. Chitnis 27/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc appearing for the respondents waive notice on behalf of the respective respondents.
2. The six petitions listed before us make some how identical grievance and for the sake of convenience we would refer to the facts in Writ Petition No.1883 of 2022 by treating the same as a lead petition. The petitioners in the said writ petition claim to be traditional forest dwellers belonging to Scheduled Tribes (Thakar Community) and it is their claim that they are inhabiting the forest lands, since time immemorial. They seek the extension of benefit of the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ('The Act of 2006') which is a special enactment to recognise and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded.
The Act of 2006 provide a statutory framework for recording the forest rights so vested and the nature of evidence N. S. Chitnis 28/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc required for recognition and vesting in respect of the forest lands in such persons.
"Forest Dwelling Scheduled Tribes" is defined in the said statue to mean the members or community of the Scheduled Tribes who primarily reside and who depend on the forests or forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities.
The statue has set out the procedure for recognition, restoration and vesting of forest rights in Chapter III and what is pertinent to note is Section 4(1) which deals with the non obstante clause providing that the Central Government recognise and vest forest rights in the forest dwelling Scheduled Tribes in the States or areas in States where they are declared as Scheduled Tribes in respect of the forest rights mentioned in Section 3. The rights are also vested in the other traditional forest dwellers. Section 4(2), clearly specify that the forest rights recognised under the Act in critical wildlife habitats of National Parks and Sanctuaries may be modified or resettled, but no forest rights holders shall be resettled or have their N. S. Chitnis 29/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc rights in any manner affected for the purposes of creating inviolate areas for wildlife conservation except in the conditions specified therein, and one of the specific stipulation is, the process of recognition and vesting of rights as specified in Section 6 is complete in all the areas under consideration.
3. Section 6 which is included in Chapter IV of the Act, which has set out the authorities and the procedure for vesting of forest rights, has designated the Gram Sabha as the authority to initiate the process for determining the nature and extent of individual or community forest rights and the Gram Sabha is duty bound to receive claims, consolidate and verify them and prepare a map delineating each of the area recommended in such manner as may be prescribed for exercise of such rights and Gram Sabha shall, then, pass a resolution to that effect and forward its report to the Sub-Divisional Level Committee. Further there is a constitution of the District Level Committee, which is authorised to finally approve the record of rights prepared by the Sub-Divisional Level Committee and the decision of N. S. Chitnis 30/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc the District Level Committee is given finality and binding effect.
Under the scheme of the enactment, the State Government has also constituted a State Level Monitoring Committee to monitor the process of recognition and vesting of forest rights and to submit to the nodal agency such returns and reports as may be called for by that agency.
4. The request in all the writ petitions is to follow the process as contemplated in the Act of 2006 as it is the contention of the petitioners that they have made representations to the Gram Panchayat, pursuant to a Resolution being passed by Forest Committees in the respective villages, but none of the Gram Panchayats have taken any cognizance and the process as contemplated under Section 6 read with the prescribed Rules is not at all initiated.
On hearing the learned counsel for the petitioners and we have perused the pleadings in the petition, it is to be noted that time and again the Van Hakka Samiti in each village has preferred representation to the Gram Panchayat/Gram Sabha for requesting it to N. S. Chitnis 31/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc take on record the decision taken by the Van Hakka Samiti in the village constituted for the said purpose but no steps have been taken which has resulted in the villagers slating andolans as without following the steps under the Act, they attempt to denude them of their forest land and the forest rights which deserve to be recognised by following the procedure under the Act of 2006. We have also noted that the representation is forwarded to various authorities including the Hon'ble President, New Delhi as well as the State Government Revenue and Forest Department.
5. On hearing Mr. Chandurkar representing the Government, as it is his specific contention that the petitioners are the encroachers and therefore the State Government has initiated action for their removal, we refrain ourselves from expressing upon the rights of the petitioners in the backdrop of the specific stand of the State Government that they are encroachers, since it is the specific case of the petitioners as pleaded in the writ petitions and also placed before the Van Hakka Samiti that they are in occupancy of the forest land and N. S. Chitnis 32/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc that is their source of livelihood and it is their claim that they are entitled for recognition of and vesting of the rights in the forest dwelling, in the light of the material which is in their possession to demonstrate that since time immemorial they are in occupation and possession of the forest land and that is their only source of livelihood.
6. In the wake of the aforesaid, at this stage what is most important is that some authority must consider the claim of the petitioners and since the Act of 2006, contemplate a procedure, which is to be initiated at the level of Gram Sabha, which is designated authority to initiate the process for determining the nature and extent of individual or community forest rights to the forest dwelling scheduled tribes and other traditional forest dwellers within the local limits of the jurisdiction, we find that the Gram Sabha has failed to live upto its duty cast under Section 6. In the petitions before us, a specific direction is therefore sought to the Sub-Divisional Officer of the respective village/taluka to convene the special Gram Sabha for the said village to take up the agenda of deciding upon the forest rights N. S. Chitnis 33/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc petitions received from the Forest Rights Committee of the particular village. A further direction is also sought that the Gram Sevak of the village be directed to record the Resolution passed by the Forest Rights Committee in the proceeding book and forward the proceeding book for further action. All the petitions are accompanied with the Resolutions passed by the Forest Rights Committee in respect of each distinct village and in the backdrop of this fact it is the petitioners claim to be the dwelling scheduled tribes who are entitled for recognition of their forest rights under the Act of 2006, and since we are of the view that their grievance must be addressed in the manner prescribed in the Act of 2006, we deem it appropriate to direct the Sub-Divisional Officer of the respective talukas in the petitions to convene a special Gram Sabha Meeting to take up the agenda for deciding upon the forest rights of the petitioners, pursuant to the Resolution being passed by the Forest Rights Committee in every village. In the said meeting, a decision can be taken whether to record the rights of the forest dwellers, in accordance with the Resolution which is passed by the Forest Rights Committee and if the Gram Sevak N. S. Chitnis 34/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc find it to be justifiable he may do so and follow the further process as contemplated under Section 6 of the Act of 2006 for the purpose of conferring the rights on the petitioners, under Section 4 of the Act i.e. recognition and vesting of their forest rights in the areas that are specified and demarcated by the Gram Sabha, as the Gram Sabha is the authority to consolidate and verify the information that is being received and also prepare a map demarcating the area of each recommending claims and pass a Resolution to be forwarded to the Sub-Divisional Level Committee.
Needless to state that the when the meeting of the Gram Sabha is conveyed for the aforesaid purpose within a period of four weeks from today, the petitioners shall also be entitled to participate in the meeting and for that purpose we expect the notices to be served upon them through the Forest Rights Committee. We expect the Sub- Divisional Officer (SDO) to navigate the entire procedure so that it reach at its finality by either the petitioners being accepted as entitled for protection of the Act of 2006 or if they are declared as encroachers, then the State Government can follow due process of law N. S. Chitnis 35/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 ::: 904-wp.1883.2022.(gr).doc immediately.
We have the appearance on behalf of the Gram Sevak i.e. respondent No.18 through learned counsel Mr. Akhil Kupade who state that the directions issued by the Court shall be abided by since the procedure under the 2006 Act has cast a responsibility and onus upon the Gram Sabha to initiate the proceedings and to forward the Resolution to the Sub-Divisional Level Committee.
With the above directions, all the aforesaid writ petitions are disposed of. Rule is made absolute on the aforesaid terms.
All concerned to act on the authenticated copy of this judgment.
MANJUSHA DESHPANDE, J. BHARATI DANGRE, J. N. S. Chitnis 36/36 ::: Uploaded on - 11/03/2026 ::: Downloaded on - 13/03/2026 21:14:38 :::