Abhay Shreeniwas Oka, J.

1. The Petitioner is the Constituted Attorney of one Shri Ashwin Chunilal Dalai. The said Ashwin Dalai is claiming to be a Lessee of the lands bearing Gat Nos. 7/1, 7/2, 7/3 and 7/6 at village Yeoor, Taluka and District Thane of the Investment Provident Company. The lands bearing Gat Nos. 7/1, 7/2, 7/3 and 7/6 are hereinafter referred to as "the said lands". The 7/12 extracts of the said lands (of the date prior to Mutation Entry No. 616) annexed to this Petition show that in the Kabjedar Column, the name of the Government of India appeared through the Investment Provident Company. The name of Shri G.G. Pradhan, as the Manager of the said Company also appeared in the Kabjedar Column. The name of the said Ashwin appeared alongwith four others in the other rights column as well as in cultivation column. The said Ashwin is hereafter referred as the Petitioner as this Petition has been filed by his Constituted Attorney. A Mutation Entry No. 616 was made on 23rd May, 2006 in relation to the said lands along with several other lands at village Yeur, Taluka and District Thane. The said Mutation Entry refers to a notice issued under Section 35 of the Indian Forests Act, 1927 (for short "the said Act of 1927"). It is stated that an inquiry under the Maharashtra Private Forests (Acquisition) Act, 1975 was pending. By the said Mutation Entry, the name of the State of Maharashtra was entered in the Kabjedar Column in place of the Government of India and an entry as "Reserved Forests" was also made in the Kabjedar Column.

2. The Petitioner is relying upon the letter dated 30th August, 2007 issued by the Assistant Conservator of Forests-cum-Public Information Officer of Sanjay Gandhi National Park, Borivali. It is stated in the said communication that the said lands have not been transferred to the Forest Department.

3. The Petitioner applied for deletion of the name of the State of Maharashtra from the Kabjedar Column of 7/12 extracts. The Petitioner is relying upon the correspondence made in that behalf with the officials of the Forest Department. The Petitioner has filed an additional affidavit dated 6th December, 2013 to which he has annexed the letter dated 24th June, 2005 addressed by the Range Forest Officer, Yeur, Thane. The prayer made in this Petition under Article 226 of the Constitution of India is for enjoining the Respondents to delete the said lands from the purview of the communication dated 22nd February, 2005 and to re-enter the name of the Petitioner in the Revenue Record. The contention in the Petition is that the Mutation Entry No. 616 has been made on the basis of the letter dated 22nd May, 2005 allegedly issued by the Revenue and Forests Department of the State Government, a copy of which is not made available to the Petitioner.

AFFIDAVIT-IN-REPLY ON BEHALF OF THE STATE GOVERNMENT:

4. There is a reply filed by Shri Sudhir Raghunath Padwale, the Assistant Conservator of Forest (LRP and Wildlife), Thane. He has relied upon the Circular dated 22nd February, 2005 issued by the State Government addressed to the Divisional Commissioners and the Collectors in the State. A copy of the said Circular has been annexed to the said reply. In the said Circular, it is stated that in case of lands which are restored in exercise of powers under Section 22A of the said Act of 1975 before 25th October, 1980, which is the date on which the Forest (Conservation) Act, 1980 (for short "the said Act of 1980") came into force, the ownership of the restored lands remains with the land holder and in the Other Rights Column of the 7/12 extracts, an entry of forest is required to be made. It is stated that after 25th October, 1980, in case of the lands restored under Section22A of the said Act of 1975, where a concurrence has been received from the Government of India to the restoration, in the 7/12 extracts, the name of the land holder will be entered as "Occupant" and in the Other Rights Column, the entry of "the G