Roselind Pauly And ORS v. State Of Maharashtra Through Principle Secretary Revenue And Forest Department And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4247 of 2026 Roselind Pauly and ors ..
Petitioner
Versus
State of Maharashtra through Principal Secretary Revenue and forest Department and ors ..
Respondents WITH WRIT PETITION NO. 4248 of 2026 Vidya Vinayak Donde ..
Petitioner
Versus
State of Maharashtra through Principal Secretary Revenue and forest Department and ors ..
Respondents WITH WRIT PETITION NO. 4249 of 2026 Vishal Sudharkar Turkar through Power of Attorney Holder Nirmal Devichand Solanki ..
Petitioner
Versus
State of Maharashtra through Principal Secretary Revenue and forest Department and ors ..
Respondents WRIT PETITION NO. 4251 of 2026 Mukesh Popatlal Dedhia ..
Petitioner
Versus
State of Maharashtra through Principal Secretary Revenue and forest Department and ors ..
Respondents
2/3 14 WP 4247-26.doc WITH WRIT PETITION NO. 4254 OF 2026 Shantilal Dayaram Thakkar ..
Petitioner
Versus
State of Maharashtra through Principal Secretary Revenue and forest Department and ors ..
Respondents Mr.Shreeyash Uday Lalit with Nikhil Waje, Prem Gada and Adnan Sarang for the petitioner.
Mr.A.I. Patel, Addl. G.P with Smt.V.R. Raje, AGP for the State in WP 4247/2026.
Mr.A.I. Patel, Addl. G.P with Shri M.M. Pabale, AGP for the State in WP 4248/2026.
Mr.A.I. Patel, Addl. G.P with Shri Karan Thorat 'B' Panel Counsel for the State in WP 4249/2026.
Mr.A.I. Patel, Addl. G.P with Shri M.M. Pabale, AGP for the State in WP 4251/2026.
Mr.A.I. Patel, Addl. G.P with Smt. Savita Prabhune, AGP for the State in WP 4254/2026.
CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATED : 6th APRIL, 2026 P.C:- 1.
Heard.
2.
It is the contention of the petitioner that the Division Bench of this Court in Dr. Arjun Sitaram Nitanwar Vs. Tahsildar, Distrcit Thane and Others, was pleased to declare certain Gut numbers from village Yeoor, Taluka and District Thane as 'not
3/3 14 WP 4247-26.doc private forest' within the meaning of Maharashtra Private Forest (Acquisition) Act, 1975 and also declare that the land never vested in the State of Maharashtra. The mutation entry no.616 in relation to the said lands was therefore cancelled and all entries in the Record of Rights existing prior to the Mutation Entry were directed to be restored.
According to the petitioner, he is concerned with Gut No.18, Hissa No.2P of the same village Yeoor, Taluka District Thane, and it his claim that by the same entry no.616, the name of the State Government was mutated even against his own land i.e. Gut No.18.
The learned counsel has urged that for the very said reasoning, recorded by the Division Bench in Dr. Arjun Sitaram Nitanwar Vs. Tahsildar,1 that the same mutation entry qua distinct pieces of land in the same village was cancelled, Writ Petitions deserve to be allowed.
On hearing the learned counsel for the petitioners, we find substance in the same but we call upon the Government Advocate to seek instructions from respondent nos.2 and 3 in this regard.
List on 22/4/2026.
Mr.A.I. Patel, Addl. G.P waive notice for the State. (MANJUSHA DESHPANDE, J) (BHARATI DANGRE, J.) 2016(6) Mh.L.J 634