JUDGMENT :

1) Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally.

2) The petitioner takes exception to an order dated 20th August, 2019, passed by the Minister (Revenue) in RTS Second Revision No. 3818 of 2018, whereby the Revision Application preferred by the petitioner came to be rejected, affirming the order passed by the Additional Divisional Commissioner, Pune dated 13th October, 2017 which, in turn, had affirmed the orders passed by the authorities below setting aside the order of Tahasildar, Budargad, Dist. Kolhapur dated 25th May, 2015.

3) The Petition arises in the backdrop of the following facts:-

(a) Agricultural lands bearing Gat Nos.162/1-B, 162/2-B and 162/3 admeasuring 124 hectares situated at Mauje Minache, Tal. Bhudargad, Dist. Kolhapur (“the subject lands”) originally belonged to one late Mr. Anantrao Narayanrao Panditrao, the predecessor in title of the petitioner. In the year 1975, late Anantrao had been served with a notice under Section 35 (3) of Indian Forest Act, 1927 (“the Act, 1927”), calling upon to show cause as to why the subject lands be not declared a protected forest.

(b) Proceedings were, thereafter, initiated under the provisions of Maharashtra Private Forest (Acquisition) Act, 1975. Ultimately, the proceedings under the Private Forest Act, 1975, culminated in an order dated 6th September, 1991 in Appeal Nos.1 of 1990 and 2 of 1990. By the said judgment and order, the learned President Maharashtra Revenue Tribunal (“MRT”) modified the order passed by the Sub-Divisional Officer and declared that the predecessor in title of the petitioner was entitled to retain 124 hectares i.e. 310 acre land, being the agricultural land and rest of the land could be acquired by the Government after due settlement of compensation and demarcation of boundaries.

(c) Petitioner claims the said judgment and order was passed after providing an effective opportunity of hearing to the concerned parties including the Forest Department. None appealled the said order and, thus, the said order attained finality. In fact, the order passed by the MRT was given effect to by the authorities of the State. In execution of the said order, Mutation Entry No.249 came to be certified. Lands bearing Gat Nos.162/1 admeasuring 179.39 hectares was sub-divided into 162/1 admeasuring 117.60 hectares and 162/1B admeasuring 61.79 hectares, whereas land bearing Gat No. 162/2 admeasuring 109.93 hectares was divided into land bearing Gat No. 162/2A admeasuring 52.60 hectares and Gat No. 162/2B admeasuring 57.33 hectares. Consequently, lands bearing Nos.162/1A admeasuring 117.60 hectares and 162/2A admeasuring 52.60 hectares were mutated in the name of Forest Department and land bearing Gat Nos.162/1B admeasuring 61.79 hectares and 162/2B admeasuring 57.33 hectares were mutated in the name of late Anantrao. Possession receipts evidencing the delivery of the aforesaid lands were also executed.

(d) Petitioner claims the aforesaid Mutation entries were never challenged and the subject lands continued to retain the character of agricultural lands. The petitioner had been in peaceful possession and cultivation of the subject lands. However, according to the petitioner, on 4th May, 2006, without any notice to the petitioner, Mutation entry Nos.710 and 744 were certified and the name of Government of Maharashtra came to be shown in the holders column with an endorsement of ‘reserved Forest’, and the petitioner’s name relegated to “other rights” column. It transpired that the said Mutation was effected by wrongly drawing support from the Government Resolution dated 22nd February, 2005.

(e) Petitioner asserts the said Government Resolution dated 22nd February, 2005, governs only that land which has been defined and/or declared as a Forest. Since the subject land had been declared as an agricultural land by a competent judicial Tribunal under the provisions of Private Forest Act, 1975, the same could