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2025 Supreme(Bom) 1055
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
M.S. JAWALKAR, PRAVIN S. PATIL, JJ.
Gram Sabha Bhumkan, Gram Panchayat Manewara, Tq. Attapalli, District Gadchiroli, Through its Authorized Person Shri Koturam Keye Potavi – Petitioner
Versus
State of Maharashtra, Through its Chief Secretary, Department of Forest and Revenue and Ors. – Respondents
Writ Petition No. 6305 of 2022
Decided On : 10-07-2025
For the Petitioner: Shri A.A. Dhawas, Adv a/b Shri S.S. Taran, Adv.
For the Respondent: Shri M.K. Pathan, AGP.
The Government Resolution regulating the issuance of transit permits does not violate the rights of the Gram Sabha and is valid for protecting its income.
Headnote:(A) Constitution of India - Schedule Areas - Government Resolution dated 08/04/2015 - Petition for return of tendu leaves and restraint against future seizure of Minor Forest Produce - Government Resolution upheld as regulatory, not violative of Gram Sabha's rights - Transport Permit issuance remains within Panchayat and Gram Sabha's authority with controls to prevent misuse (Paras 1, 2).
(B) The apprehension regarding non-supply of Transport Permit book by Forest Officials is unfounded; officials expected to provide the book within two weeks if no difficulties arise (Paras 3).
(C) The petitioner's additional request to declare the Government Resolution as contrary to law was declined (Para 2).
Findings of Court:
The Court found the Government Resolution to be regulatory and clarified the procedure for issuance of Transport Permits (Paras 2-4).
Issues: The primary issues included the validity of the Government Resolution and the rights of the Gram Sabha in relation to Minor Forest Produce.
Ratio Decidendi: The court concluded that the regulation aims to preserve the Gram Sabha's income while ensuring no misuse of transit permits occurs, emphasizing the authority of Panchayats and Gram Sabhas in the matter (Paras 2).
Result: Petition disposed of.
| Table of Content |
|---|
| 1. petitioner seeks return of tendu leaves and protection of rights. (Para 1) |
| 2. government resolution regulates mfp without violating rights. (Para 2) |
| 3. expectation of timely issuance of tp book by officials. (Para 3) |
| 4. petition disposed of as per findings. (Para 4) |
JUDGMENT :
M.S. JAWALKAR, J.
(1) The present Petition is filed seeking direction to the Respondent Nos. 3 and 4 for return of tendu leaves. It is submitted that as the vehicle is released, the Prayer Clause (i) is satisfied. The second prayer of the Petitioner is to restrain the Respondents – Authorities from seizing the Petitioner’s Minor Forest Produce (MFP) in future by upholding the exclusive rights over the MFP of the Petitioner - Gram Sabha in the schedule areas of the Constitution of India. By way of amendment, the Petitioner is also seeking to hold and declare that the Government Resolution dated 08/04/2015 is contrary to the law, and therefore, it is liable to be quashed and set aside.
(2) After thoroughly going through the Government Resolution dated 08/04/2015 which is at Annexure R-I and hearing both the parties at length, we expressed our declination to read this Government Resolution as violative of any right of Gram Sabha. In fact, it is regulatory in nature. In the Government Resolution itself, it is made clear that the issuance of Transport Permit is within the authority of Panchayat and Gram Sabha. However, there should not be any misuse of bogus transit permit and to protect the income of the Gram Sabha itself, certain regulatory directions are issued by this Government Resolution. There are certain conditions that there shall be TP book of 50 pages having colour light pista green and it will be water marked and printed in the Government Printing Press. The counterfoil has four parts (folds) and those will be stamped by Forest Officials across the fold.
(3) There is apprehension to the Petitioner – Gram Sabha that the Forest Officials may not supply the said TP book as and when the request is made for. There is no substance in this apprehension. If any further complication is to be avoided, the Gram Sabha shall intimate or request to the concerned Officials of the Forest Department for issuance of TP book in writing and it is expected from the Officials that if there is no other difficulty, then they shall immediately supply the same to the Petitioner within a period of two weeks.
(4) With the above observations, the Petition stands disposed of. Pending Application(s), if any, stand(s) disposed of.
