Dismissed

Ramesh Nathuram Bagade v. the State of Maharashtra and Ors.

Bombay HC4 Sept 2018WP/10603/2018

Case brief

AI extract

What is this about?

The Bombay High Court dismissed a writ petition challenging mutation entries regarding land status. The Court held that the petitioner has remedies under the Land Revenue Code for disputes over land status and declined to entertain the petition under Article 226, leaving the question of forest status open.

What did the court decide?

The writ petition was disposed of; remedies kept open under the Maharashtra Land Revenue Code.

Ramesh Nathuram Bagade Vs the State of Maharashtra and Ors. — Land Acquisition | Bombay HC (2018)

¶1

SKN

¶2

1/2 4506.17-wpst.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION (ST.) NO. 4506 OF 2017

¶5

Ramesh Nathuram Bagade. … Petitioner. V/s. The State of Maharashtra and others. … Respondents.

¶6

Digitally signed by Sanjay Sanjay Kashinath Kashinath Nanoskar Nanoskar Date:2018.09.10 12:44:23 +0530

¶7

Mr.Sagar Ganpat Talekar for the petitioner. Mr.Prashant More, AGP for respondent Nos.1 to 7.

¶8

CORAM : A.S.OKA AND M.S.SONAK, JJ. DATE : 4^th September 2018.

¶9

P.C.:

¶10

The challenge in this petition is to the mutation entries bearing Nos.142 and 180. Mutation Entry No.142 is in respect the land bearing Survey No.59/2 of village- Usadi, Taluka- Murud, District- Raigad. Mutation Entry No.180 relates to Survey Nos.59/2 and 58/3 of the same village. By Mutation Entry No.142, it is provided that in the other rights column of land bearing 59/2, a remark be added that without permission of the Central Government, non-forest use is not permissible. By Mutation Entry No.180, a remark is ordered to be recorded in other rights column that the land is subject to the Maharashtra Private Forests (Acquisition) Act, 1975.

¶11

If the petitioner is aggrieved by the said mutation entries, he has remedies available under the Maharashtra Land Revenue Code, 1966

¶12

SKN 2/2 4506.17-wpst.doc

¶13

of two appeals and two revision applications. If the petitioner is disputing the status of the subject lands either as a forest or a private forest, he will have to file substantive proceeding in accordance with law. In the present petition, the challenge is confined only to the mutation entries. Therefore, we decline to entertain this petition under Article 226 of the Constitution of India. However, remedies of the petitioner are kept open. We make it clear that we have made no adjudication on the question whether the subject lands are forest or private forest lands.

¶14

3. Writ petition is disposed of according.

¶15

(M.S.SONAK, J.) (A.S.OKA, J.)

Ramesh Nathuram Bagade v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Ramesh Nathuram Bagade v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Europlast India Ltd. Vs Gorakhnath Electicals Pvt.Ltd. and 7 Ors.

Boman D. Faramarji and Anr. Vs Banoo Merwan Aref and Ors.

State of Maharashtra and 2 Ors. Vs India Farmers Pvt. Ltd. and Anr. and Anandprakash Pyarelal Khanduri (Applicant)

Swati Sudhesh Shete and Another Vs Chairman and Managing Director and 145 Others

Swati Sudhesh Shete and Anr. Vs Chairman and Managing Director and Ors.

The Commissioner and Anr. Vs Smt. Meena Ramakant Sankhe