SUNIL SHAMRAO PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. By consent, Rule is made returnable forthwith.

(2.) In this Petition, relief is sought of quashing and setting aside mutation entry No. 1736 dtd. 23/7/2001 in respect of Petitioners' property bearing survey No. 28/1/A, 68, 69 and 70 ("the said land") situated at village Lonivali, District Raigad. By the said mutation entry, the name of the Government of Maharashtra was entered in other rights column by treating the said land as a private forest. It is further prayed in the Petition that by exercising powers under Article 226 of the Constitution of India, the Respondent Nos. 2 and 3 be directed to take immediate steps to implement the order dtd. 10/4/2003 passed by Respondent No. 4 - Collector, District Raigad, in Private Forest Case No. 1 of 2003. By the said order dtd. 10/4/2003, the Collector has passed a reasoned order under Sec. 22A of the Maharashtra Private Forest (Acquisition) Act, 1975 ("the MPFA"). By the said order, the Collector directed Forest Department to send the necessary proposal to the Central Government in view of the spirit of the legislation while enacting Sec. 22A of the MPFA.

(3.) The Petitioners claim to be the owners of the said land which earlier belonged to Bandya Dadya Pawar, Bhanvnya, Tukaram Genu Balekar and Vithu Kushaba Dhanavade. Thereafter, said land was transferred in the name of Bandya Pawar and others from whom the Petitioners purchased some portion being 991.90 Gunthas from survey No. 69 and 822.40 Gunthas from survey No. 70 by way of registered sale deed dtd. 13/1/2011 and Deed of Rectification dtd. 25/11/2013. The Petitioners also claimed that there was an agreement for sale dtd. 31/1/2011 executed by the original owners in respect of survey No. 28/1/A and survey No. 68 for an area of 1166.25 Gunthas and 7125.40 Gunthas respectively. The Petitioners stated that their names were entered in the revenue records in respect of survey Nos. 69 and 70 and that they are also in physical possession of the said land. The Petitioners further stated that in other rights column, name of the Forest Department of the Government of Maharashtra is entered, which shows that inquiry under Sec. 22A of the MPFA is pending.