(1.) THE present writ petition arises out of an Order passed by the Deputy Collector (Acquisition), Thane, Forest (Private Forests) Division, dated 28th July, 1979, in an enquiry held under section 22-A of the Maharashtra Private Forests (Acquisition) (Amendment) Act, 1978 (for short, "amendment Act of 1978" ). By this Order, the petitioners land stood acquired and vested in the State Government. The Order of the Deputy Collector was challenged by the petitioners in revision under section 22-A (4) of the Amendment Act of 1978, before the Additional Commissioner, Konkan Division, Bombay, which was dismissed by the judgment and Order dated 25th January, 1989 solely on the ground that the same was filed beyond the period of limitation. Both these Orders are under challenge in the instant petition.
(2.) THE land involved in the present petition is Survey No. 79 (Part), admeasuring 1 Hectare and 40 Acres situated at village Brahmangaon, Taluka Wada, District Thane (for short, "the said land" ). The land originally belonged to Shri Shivaram Nathu Patil who died in 1965 and the petitioners, being the heirs, became the owner of the land. The petitioners claim that there was a partition amongst them in 1966 and the same land was allotted to the share of the petitioner No. 1. On 5th April, 1988, the petitioner No. 1 received a notice issued by the Talathi under section 150 (2) of the Maharashtra Land Revenue Code, 1966, read with Rules 14 and 24 of the Maharashtra Land Revenue (Register of Mutations) Rules, thereby calling upon the petitioner No. 1 to show cause against the proposed entry of the name of the forest department in the revenue records of the said land. The petitioner, claim to have got knowledge, for the first time, of the Order passed by the respondent No. 2 under section 22-A of the Amendment Act of 1978, when he received the aforesaid notice dated 5th April, 1988. The petitioners, thereafter, appear to have obtained a certified copy of the Order passed by the respondent No. 2 and filed Revision Application No. 31 of 1988 before the Additional Commissioner, Konkan Division, Bombay, under section 22-A (4) of the Amendment Act of 1978. According to the petitioners, the land involved is neither a private forest nor forest within the meaning of the provisions of the Maharashtra Private Forests, (Acquisition) Act, 1975 (for short, "act of 1975") or the Indian Forests Act, 1977 respectively.
(3.) MR. Godbole, the learned Counsel appearing for the petitioners, assailed the impugned Orders on the following grounds :