2026:BHC-AS:4057-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.10 OF 2011 Ambernath Sahakari Samudayik Shetki Society Limited, Ambernath, Dist.Thane. Appellant versus

1. The State of Maharashtra

2. The Commissioner, Konkan Revenue Division, Mumbai.

3. The Additional Commissioner, Konkan Revenue Division, Mumbai.

4. The Collector, Thane.

5. The Tehsildar, Ulhasnagar, Dist.Thane.

6. Kalyan Dombivali Municipal Corporation.

7. vijay Shivaji More, R/o.Ulhasnagar.

8. Shivaji Mahadeo Shingote, R/o.Ambernath. Respondents WITH INTERIM APPLICATION NO.11554 OF 2025 IN LETTERS PATENT APPEAL NO.10 OF 2011 Ambernath Sahakari Samudayik Shetki Society Ltd. Applicant versus The State of Maharashtra and others Respondents _______

Mr.Atul G.Damle, Senior Advocate with Mr.Rupesh Lanjekar for Appellant.

Mr.Ashutosh A.Kumbhakoni, Senior Advocate, with Ms.Neha Bhide, Govt.

Pleader with Mr.P.G.Sawant, AGP for Respondent no.1 State.

MANISH D M i A g N ita IS ll H y signed by S TH UR AT E T S E HRAO S D 12 U a : t R 4 e 6 E : : S 2 5 0 H 1 2 R + 6 A . 0 0 O 5 1 3 T .2 0 H 8 ATTE Mr.B.D.Joshi for Respondent no.6.

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CORAM: G. S. KULKARNI &

AARTI SATHE, JJ.

Date of Reserving the Judgment : 20^th November 2025 Date of Pronouncing the Judgment : 28^th January 2026 JUDGMENT (Per : Aarti Sathe, J.) :-

1. This Letters Patent Appeal is directed against the judgment and order dated 28^th January 2010 (hereinafter referred to as the “impugned order of resumption of land”) passed by the learned Single Judge, whereby Writ Petition No. 2267 of 1990 filed by the Appellant Society was dismissed and Respondent No. 1-State Government was allowed to resume all the lands which were not under cultivation.

2. This Letters Patent Appeal gives rise to a rather interesting and peculiar litigation wherein, on or about the year 1961, a vast tract of land belonging to the Respondent No. 1-State Government was given away to the Appellant Society, more in the nature of a largesse, which, to our mind, is rather perplexing, however, subject to the fulfillment of certain conditions. The non-fulfillment of conditions for the use of land by the Appellant was to result in the resumption of such land by Respondent No. 1-State Government. It is such action of the resumption, which has aggrieved the Appellant, giving rise to the litigation before the learned Single Judge.

3. Briefly the facts are: -

(i) The Appellant was formed in 1961 as a farming society under the then Bombay Co-operative Societies Act, 1925 and as such deemed to be registered under the Maharashtra Co-operative Societies Act, 1960. The Appellant was registered on 21^st June 1962 and commenced with having only 20 agriculturist members, but presently the society has more than 200 members who are purported to be collectively cultivating the land admeasuring 210 Acres, 32 Gunthas, 12 Anna from Survey No. 166 of Ambernath, Tal. Ulhasnagar, Dist. Thane (hereinafter referred to as the “Subject Land”). Respondent No. 1- State Government by letter dated 12^th October 1961 informed the Conservator of Forest, Thane Circle, Thane, that the Respondent No. 1- State Government had taken a decision to grant certain forest land which otherwise was lying fallow to the Appellant for agricultural purpose and the land which could not be used for agricultural purpose was given to be used for planting trees such as cashew nuts, matchwood, etc.

(ii) On 15^th January 1963, Respondent No. 1- State Government informed the Appellant by a letter of even date that directions have been issued to Respondent No. 4, i.e., Collector, Thane to allot the subject land to the Appellant (hereinafter referred to as the “grant”). It was specifically mentioned in the said letter that no permission was required to be obtained for the purpose of erecting godowns, poultry farms or farmhouses for the use of agricultural purposes/activities.

(iii) An order dated 21^st October 1964 being an order for allotment of the subject land, was issu