SANDHYA SOMBAHADUR GURUNG AND ORS vs THE STATE OF MAHARASHTRA THRU. SECRETARY AND ORS — WP/17453/2025

Case under Mah. Private Forests Act,1975 Section NA. Disposed: --Allowed on 05th May 2026.

CNR: HCBM010583842025

CASE DISPOSED

Filing Number

WP/36274/2025

Filing Date

13-11-2025

Registration No

WP/17453/2025

Registration Date

22-12-2025

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

--Allowed

Acts & Sections

Mah. Private Forests Act,1975 Section NA

Petitioner(s)

SANDHYA SOMBAHADUR GURUNG AND ORS

Adv. VIJAY KILLEDAR

SAMRAT SOMBAHADUR GURUNG

SAMRUDDHA SOMBAHADUR GURUNG

YAMINI SOMBAHADUR GURUNG

KAMINI SOMBAHADUR GURUNG

SNEHA SOMBAHADUR GURUNG

Respondent(s)

THE STATE OF MAHARASHTRA THRU. SECRETARY AND ORS

TALATHI SAJA MULGOAN

CIRCLE OFFICER BADLAPUR

THE CHIEF CONSERVATOR OF FOREST THANE

THE FOREST RANGE OFFICER (CONSERVATION) BADLAPUR

COLLECTOR THANE THROUGH THE OFFICE OF GOVERNMENT PLEADER

Hearing History

Judge: HON'BLE SMT. JUSTICE BHARATI DANGRE , HON'BLE JUSTICE SMT MANJUSHA AJAY DESHPANDE

04-12-2025

OBJECTIONS TO BE REMOVED

28-01-2026

FOR CIRCULATION

05-05-2026

FOR ADMISSION

04-05-2026

FOR ADMISSION

29-04-2026

FOR ADMISSION

Orders

05-05-2026
HON'BLE SMT. JUSTICE BHARATI DANGRE,HON'BLE JUSTICE SMT MANJUSHA AJAY DESHPANDE

The Bombay High Court set aside Mutation Entry No. 1180 (dated 28.05.2006) that classified the petitioners' lands in Mulgaon as "Private Forest" under the Maharashtra Private Forest (Acquisition) Act, 1975. The court found that while a forest notification was issued in 1956, there was no proof of service of the required notice under Section 35(3) of the Indian Forest Act, 1927 to the original landowners, rendering the entry invalid despite the petitioners purchasing the land with clear title through registered deeds before the entry was made. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

The Bombay High Court set aside Mutation Entry No. 1180 (dated 28.05.2006) that classified the petitioners' lands in Mulgaon as "Private Forest" under the Maharashtra Private Forest (Acquisition) Act, 1975. The court found that while a forest notification was issued in 1956, there was no proof of service of the required notice under Section 35(3) of the Indian Forest Act, 1927 to the original landowners, rendering the entry invalid despite the petitioners purchasing the land with clear title through registered deeds before the entry was made. This case analysis is maintained by casestatus.in based on publicly available court records.

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