Bombay High Court
Mr. Mohan Narhari Bhawe vs State Of Maharshtra And Ors on 9 September, 2025
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
25.WP.6879.2023.doc
Ajay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6879 OF 2023
Mohan Narhari Bhawe .. Petitioner
Versus
State of Maharashtra and Ors. .. Respondents
....................
Ms. Janhavee Joshi, Advocate i/by Mr. Jayesh M. Joshi for
Petitioner.
Ms. P.J. Gavhane, AGP for Respondent - State.
....................
CORAM : MILIND N. JADHAV, J.
DATE : SEPTEMBER 09, 2025.
P.C.:
1. Heard Ms. Joshi, learned Advocate for Petitioner and Ms. Gavhane, learned AGP for Respondent - State.
2. Challenge in the present Writ Petition is to the order dated 07.09.2021 passed by Respondent No.2 - SDO, Mangaon Division and subsequent order dated 25.07.2022 passed by Respondent No.5 - Collector rejecting the Application of Petitioner seeking to set aside Mutation Entry Nos.4014 and 4438 in respect of the subject land nomenclatured as Survey No.64/4/c admeasuring according to Petitioners as 7 Ares and belonging to one Mr. Pandurang Tukaram Jadhav.
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3. Case of the Petitioner is that originally the said Mr. Pandurang Tukaram Jadhav was the owner of approximately 21 Ares of land in Village Utekhol, Taluka Mangaon, District Raigad. By a registered Deed of Sale dated 04.04.1989, the said land was transferred to the Petitioner. However prior thereto on the enactment of the Maharashtra Private Forests (Acquisition) Act, 1975 (for short 'the said Act'), the entire land belonging to Pandurang Tukaram Jadhav and 3 others was declared as Private Forest.
4. Ms. Joshi, learned Advocate appearing for Petitioner would draw my attention to the subsequent order dated 12.09.1978 passed by the Deputy Collector, Private Forest, Roha, Kulaba, inter alia, passed on the basis of the land holding statement received from the Tahsildar regarding holding of land in Loha Division under the powers delegated to him by Government Notification dated 17.07.1978 notifying that land admeasuring 8 Hector 26 Ares belonging to Pandurang Tukaram Jadhav and 3 others bearing Survey No.66, Hissa No.4c in Village Utekhol, Taluka Mangaon being ceased to be reserved forest within the meaning of the said Act was deemed to have been re- granted back to the owner and re-vested in him subject to revival of past encumbrances if any prior to it being reserved as Private Forest. The said order directs possession of the subject land to be handed over within a fortnight from the date of the order.
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5. Ms. Joshi would plead that by virtue of the said order, provisions of the said Act do not apply to the revested land in favour of the Petitioner. Hence Petitioner filed appropriate applications before the concerned Competent Authority / quasi judicial authority seeking reversal of the Mutation Entries in respect of the revested land which came to be rejected by the Collector by the impugned order.
6. On the basis of the aforesaid submissions, an arguable case is made out by Ms. Joshi.
7. PER CONTRA, Ms. Gavhane, learned AGP would draw my attention to first Affidavit-in-Reply dated 29.08.2023 filed by Dr. Sandipan Suryakant Sanap, Sub-Divisional Officer, Mangaon who is Respondent No.2 before me. The said Affidavit is prima facie inconsequential according to me since save and except reiterating the position that forest land cannot be reverted back unless permitted by the Central Government in terms of the orders passed by the Supreme Court, there is no other material in the said Affidavit which reflects upon the Respondents' own order dated 12.09.1978 of revesting the land which is appended at Exhibit 'D'.
8. Fortunately in the second Affidavit filed by one Mr. Rohit Ramrao Chobe, Assistant Conservator of Forest, Roha Forest Division, Raigad dated 25.11.2024, there is brief reference to the order of reversion in passing without a direct reference. In paragraph No.4 of 3 of 4 ::: Uploaded on - 10/09/2025 ::: Downloaded on - 10/09/2025 21:29:13 :::
25.WP.6879.2023.doc the said Affidavit, it is stated that even if the said land was revested it still falls under the category of 'Reserved Forest'.
9. The Court begs to seek an answer to the aforesaid submission made by Respondents. Learned AGP is unable to answer the reasons for making the above statement in the second Affidavit. She is directed to take appropriate instructions from the concerned Respondents about the status of the subject land and apprise the Court accordingly on the next date.
10. At her request, list the Writ Petition on Board on 23rd September 2025.
[ MILIND N. JADHAV, J. ]
Ajay
Digitally signed
by AJAY
AJAY TRAMBAK
TRAMBAK UGALMUGALE
UGALMUGALE Date: 2025.09.10
10:24:01 +0530
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