Bhanudas Karbhari Aher v. the State of Maharashtra through Tribal Development Department and Others
Case brief
What is this about?
Neutral citation 2025:BHC-AUG:36929; Writ Petition No. 7943 of 2023 (with connected WPs 7944-7964 of 2023), High Court of Bombay, Aurangabad Bench, decided 18 December 2025 by Siddheshwar S. Thombre, J. Petitioner Suresh Rangnath Aher and others versus State of Maharashtra (Tribal Development Department). Concerns recognition of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 — distinction between Section 2(c) (tribals) and Section 2(o) claims; occupation of forest area prior to 13.12.2005; roles of the Sub Divisional Officer, Additional Collector and Village Level Committee; remand for fresh decision within six months. Keywords: Forest Rights Act 2006, Section 2(c), Section 2(o), tribal, forest land occupation, Village Level Committee, remand, Aurangabad.
What did the court decide?
Orders dated 05.10.2018 (Sub Divisional Officer) and 02.02.2022 (Additional Collector) set aside; matters remitted to the Sub Divisional Officer to decide afresh, with a direction to consider referring the cases to the Village Level Committee if required; the entire exercise to be completed within six months; all points kept open.