Ajay Madhukar Shikare v. Union Of India Thru. Minstry And ORS

23. CIVIL WP-51-2026.odt Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 51 OF 2026 Ajay Madhukar Shikare .. Petitioner

Versus

Union of India & Ors.

.. Respondents ....................

 Ms. Chandana Salgaocar, Advocate for Petitioner  Ms. Yashashree Raut i/by Ms. Manisha Jagtap, Advocate for Respondent No. 1 - UOI  Ms. Pooja P. Patil, AGP for Respondent Nos. 2 to 6 ...................

CORAM : MILIND N. JADHAV, J.

DATE : JANUARY 12, 2026 P. C.

:

1.

Heard Ms. Salgaocar, learned Advocate for Petitioner; Ms. Raut, learned Advocate for Respondent No. 1 - UOI and Ms. Patil, learned AGP for Respondent Nos. 2 to 6 - State and its functionaries. 2.

Grievance is with respect to the Petitioner's land holding been declared as forest land sometime in the year 2009. Petitioner has unsuccessfully prosecuted RTS Proceedings thereafter to challenge the mutation entry. Petitioner has been holding the said land since 1987. Petitioner has referred to and relied upon the gazette notification of 1889 in respect of his case.

3.

Arguable case is made out by Ms. Salgaocar on behalf of Petitioner. Respondents are called upon to Respondent. Hence, issue

23. CIVIL WP-51-2026.odt notice to the Respondents made returnable on 12.02.2026. Humdast permitted. In addition to Court's notice, Petitioner is directed to serve copy of the Petition along with copy of this order on the Respondents and inform them about the next date of hearing by any permissible mode of service and file appropriate affidavit of service with tangible proof thereof on or before the next date.

4.

Respondents are directed to file affidavit in reply to justify the aforesaid case made out by learned Advocate for Petitioner. Reply should be filed within a period of three weeks from today. Rejoinder, if any, shall be filed within one week thereafter. 5.

In the meanwhile it is directed that no steps shall be taken in further of the impugned order until the Petitioner is heard for admission / hearing.

6.

Stand over to 12th February, 2026 under the caption "for Passing Order".

Amberkar [ MILIND N. JADHAV, J. ] by RAVINDRA MOHAN AMBERKAR Date:

2026.01.12 19:25:45 +0530 RAVINDRA MOHAN AMBERKAR