Kerba Shripati Chougule And ORS. v. The State Of Maharashtra Thr. Forest Department And ORS.

918-wp-11231-2025.doc Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11231 OF 2025 NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2025.09.29 15:45:51 +0530 Kerba Shripati Chougule and Ors.

...Petitioners

versus The State of Maharashtra and Ors. ...Respondents .....

Mr. Srikrishna Ganbavale (through V. C.) i/b Shantanu Patil for the Petitioners.

Mr. S. B. Kalel, AGP for the State.

.....

CORAM : M.S. KARNIK & SHARMILA U. DESHMUKH, JJ.

DATE : 26th SEPTEMBER, 2025.

P.C:

1.

Learned Counsel appearing for the Petitioners seeks leave to implead the Principal Secretary Revenue and Forest as a party to the proceedings.

2.

Leave granted. Amendment to be carried out forthwith. 3.

The Petitioners' were owners of the land of Satarde Taluka, Tal. Panhala, Dist. Kolhapur and are challenging the reclassification of the land as Forest Land by the Forest Department based on the 2025 enquiry report under the Indian Forest Act, 1927. 4.

Learned Counsel appearing for the Petitioners submits that before 1953, the land came to be allotted for rehabilitation of the

918-wp-11231-2025.doc Petitioners which is in their possession since the year 1953 and subsequently the forest authorities had classified the Petitioners' land as forest land. He points out to the report of the Collector which affirms that the land was allotted prior to the year 1953. He submits that the representation has been made on 1st August, 2025, which representation has not been decided.

5.

Prima facie, perusal of the Collector's report indicates that the land was allotted prior to the year 1953 and classification of the land as forest land is a recent development. The representation of 1st August, 2025 sets out various facts however, in our opinion, the present petition can be treated as a representation and the same be decided by the newly added Respondent No.7 within the period of eight weeks from today.

6.

Liberty to the Petitioners to seek interim relief before the Principal Secretary Revenue and Forest.

7.

The Writ Petition is disposed of.

[SHARMILA U. DESHMUKH, J.] [M.S. KARNIK, J.]