SANDHYA SOMBAHADUR GURUNG AND ORS vs THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY REVENU AND ORS — WP/16682/2025
Case under Mah. Private Forests Act,1975 Section NA. Disposed: Contested--Allowed on 05th May 2026.
CNR: HCBM010583832025
Filing Number
WP/36273/2025
Filing Date
13-11-2025
Registration No
WP/16682/2025
Registration Date
08-12-2025
Judge
HON'BLE SMT. JUSTICE BHARATI DANGRE , HON'BLE JUSTICE SMT MANJUSHA AJAY DESHPANDE
Coram
HON'BLE SMT. JUSTICE BHARATI DANGRE , HON'BLE JUSTICE SMT MANJUSHA AJAY DESHPANDE
Bench Type
Division
Category
FORESTS ( 27 )
Sub-Category
STATE FOREST ( 1 )
Judicial Branch
Civil
Decision Date
05th May 2026
Nature of Disposal
Contested--Allowed
Acts & Sections
Petitioner(s)
SANDHYA SOMBAHADUR GURUNG AND ORS
Adv. Vijay Killedar
SAMRAT SOMBAHADUR GURUNG
SAMRUDDHA SOMBAHADUR GURUNG
Respondent(s)
THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY REVENU AND ORS
TALATHI, SAJA
CIRCLE OFFICER, BADLAPUR
THE CHIEF CONSERVATOR OF FOREST, THANE
THE FOREST RANGE OFFICER (CONSERVATION), BADLAPUR
COLLECTOR, THANE
Hearing History
Judge: HON'BLE SMT. JUSTICE BHARATI DANGRE , HON'BLE JUSTICE SMT MANJUSHA AJAY DESHPANDE
OBJECTIONS TO BE REMOVED
DUE ADMISSION - 1
FOR ADMISSION
FOR ADMISSION
FOR ADMISSION
| Date | Purpose |
|---|---|
| 04-12-2025 | OBJECTIONS TO BE REMOVED |
| 18-12-2025 | DUE ADMISSION - 1 |
| 05-05-2026 | FOR ADMISSION |
| 04-05-2026 | FOR ADMISSION |
| 29-04-2026 | FOR ADMISSION |
Orders
Summary: The Bombay High Court set aside Mutation Entry No. 1180 (dated 28.05.2006) that classified the petitioners' lands as "Private Forest" under the Maharashtra Private Forest (Acquisition) Act, 1975. The court found that while a notification under Section 35(1) of the Indian Forest Act, 1927 was issued in 1958, there was no proof of service of the mandatory notice under Section 35(3) to the then-owners, and the respondents could not produce any evidence of such service. Following Supreme Court precedent in *Godrej and Boyce Manufacturing Company Limited*, the court held that proof of notice issuance and service is essential before declaring land as "Private Forest," which was absent here. This case analysis is maintained by casestatus.in based on publicly available court records.
Summary: The Bombay High Court set aside Mutation Entry No. 1180 (dated 28.05.2006) that classified the petitioners' lands as "Private Forest" under the Maharashtra Private Forest (Acquisition) Act, 1975. The court found that while a notification under Section 35(1) of the Indian Forest Act, 1927 was issued in 1958, there was no proof of service of the mandatory notice under Section 35(3) to the then-owners, and the respondents could not produce any evidence of such service. Following Supreme Court precedent in *Godrej and Boyce Manufacturing Company Limited*, the court held that proof of notice issuance and service is essential before declaring land as "Private Forest," which was absent here. This case analysis is maintained by casestatus.in based on publicly available court records.
Browse Related Cases
Cases under same legislation
Explore other courts