GAURI GODSE, G. S. PATEL
Sunil Shamrao Patil – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
Gauri Godse, J.
1. Rule. By consent, Rule is made returnable forthwith.
2. In this Petition, relief is sought of quashing and setting aside mutation entry No. 1736 dated 23rd July 2001 in respect of Petitioners’ property bearing survey No. 28/1/A, 68, 69 and 70 (“the said land”) situated at village Lonivali, District Raigad. By the said mutation entry, the name of the Government of Maharashtra was entered in other rights column by treating the said land as a private forest. It is further prayed in the Petition that by exercising powers under Article 226 of the Constitution of India, the Respondent Nos. 2 and 3 be directed to take immediate steps to implement the order dated 10th April 2003 passed by Respondent No. 4 - Collector, District Raigad, in Private Forest Case No. 1 of 2003. By the said order dated 10th April 2003, the Collector has passed a reasoned order under Section 22A of the Maharashtra Private Forest (Acquisition) Act, 1975 (“the MPFA”). By the said order, the Collector directed Forest Department to send the necessary proposal to the Central Government in view of the spirit of the legislation while enacting Section 22A of the MPFA.
3. The Petitioners claim to
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