Palsing Mahadu Walvi And Others v. The State Of Maharashtra And Others

6083.20wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 WRIT PETITION NO.6083 OF 2020 PALSING MAHADU WALVI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr A. R. Syed, Advocate h/f Mr S. P. Brahme, Advocate for petitioners;

Mr S. K. Tambe, A.G.P. for respondent Nos.1 to 5; Mr P. V. Tapse, Advocate for respondent No.6 CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 15th July, 2021 PER COURT:

1.

We have heard the learned Advocates for the respective parties. 2.

The petitioners contend that they had offered their claims to respondent No.6. As respondent No.6 declined to accept the claims under Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short 'the 2006 Act'), they were left remediless and hence they approached respondent No.3 hoping that the said authority would consider their claims.

6083.20wp (2) 3.

We have perused the reply tendered by respondent No.6. From the reply, it appears that respondent No.6 is not even aware of Section 6 of the 2006 Act. Respondent No.6 could not have refused to receive the claims of the petitioners and follow the scheme as is laid down under Section 6 of the 2006 Act.

4.

In view of the above, this petition is disposed off by granting liberty to the petitioners to tender their claims to respondent No.6 through it's Gramsevak, on or before 31/07/2021. 5.

Respondent No.6 would receive the claims and follow the scheme laid down under Section 6 under Chapter IV - 'Authorities and Procedure for vesting of forest rights' and, thereafter, the authorities shall deal with the said claims, strictly in accordance with the law and on their merits, as per the scheme. (S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) sjk