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2023 Supreme(Bom) 1299

N. J. JAMADAR
Vijayalaxmi Shrinivas Panditrao – Appellant
Versus
Deputy Conservator of Forest, Kolhapur Division – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rafique Dada, Senior Counsel i/b Mr. Yuvraj P. Narvankar
For the Respondent: Mr. C. D. Mali, AGP

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, ther

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