1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5577 OF 2009 Homa s/o Nimba Thakare - PETITIONER VERSUS 1) The State of Maharashtra & Ors. - RESPONDENTS ***** AND WRIT PETITION NO. 5584 OF 2009. Moja s/o Bidya Thakare - PETITIONER VERSUS 1) The State of Maharashtra & Ors. - RESPONDENTS ***** Mr.Ajay G. Magare,Advocate for Petitioner; Mr.S.K.Kadam,AGP for Resp. Nos.1 to 4; Resp.Nos.5 & 6 are deleted as per Court’s Order dated 25.1.2010. ----- CORAM : S.B.DESHMUKH & K.U.CHANDIWAL,JJ. DATE : 25th August, 2010. PER COURT: 1) Heard learned Counsel for petitioner and learned AGP for the respondents. 2 2) Since the issue raised in these petitions is identical, therefore, they are being disposed of by this common order. 3) Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 4) The petitioner has approached to this Court with following prayers : "(A) The Writ Petition may kindly be allowed; (B) Record and proceeding may kindly be called for; (C) By a writ of mandamus or any other appropriate writ, order or direction in the nature, the Respondent No.1, more particularly to the Respondent No. 5 and 6 please to be directed to regularize the alleged encroached forest land, which was in possession of the forefather’s of petitioner, since long back, prior to evicting them on or before 1948-1986,(on or before 1972-200 in WP No.5584/2009) which is situated at village Wavi, Post Mandavi, Tq. Dhadgaon, in pursuant of the notification dated 1/1/2008, issued by the Government of India, Ministry of Tribal Affairs, New Delhi. (D) By Writ of mandamus or any other appropriate writ, order or direction in the nature, the Secretary of Forest Rights Committee, i.e. the respondent no.6 3 and the Gramsevak of the said village Wavi, post Mandavi,Tq. Dhadgaon may please be directed to allow the petitioner to submit his application in order to decide his claim over the alleged forest land situated at the said village Wavi, in Gut No.2, 30 and 77( Gut Nos.6 and 7 in WP No.5584/2009) within stipulated time. (E) Pending hearing and final disposal of this writ petition, the Respondent No.1, more particularly to the Respondent No. 5 and 6 please to be directed to regularize the alleged encroached forest land, which was in possession of the forefather’s of petitioner, since long back, prior to evicting them on or before 1948-1986,(on or before 1972-2009 in WP No.5584/2009) which is situated at village Wavi, Post Mandavi, Tq. Dhadgaon, in pursuant of the notification dated 1/1/2008, issued by the Government of India, Ministry of Tribal Affairs, New Delhi. (F) Pending hearing and final disposal of this writ petition,the Secretary of Forest Rights Committee, i.e. the respondent no.6 and the Gramsevak of the said village Wavi, post Mandavi,Tq. Dhadgaon may please be directed to allow the petitioner to submit his application in order to decide his claim over the alleged forest land situated at the said village Wavi, in Gut No.2, 30 and 77 (Gut Nos. 6 and 7 in WP No.5584/2009) within stipulated time." 4 5) The principal prayer, made by the petitioner, is issuance of a writ against the Respondent No.1 and more particularly, Respondent Nos.5 and 6 to regularize the alleged encroachment made by the petitioner over the forest land. We have also considered the other prayers made by the petitioner. 6) In response to this petition, on behalf the respondent No.6, affidavit in reply is filed. It is affirmed by Sardar s/o Fadasha Pawara, working as Range Forest Officer, Kakadda, Tq. Dhadgaon, District Nandurbar. In paragraph 5 of the said reply, the development subsequent to filing of this petition has been clarified. according to the affiant, the Central Government has issued a Circular, providing benefits/concessions to the tribals residing in forest area/land. This notification which is annexed as Exhibit-B (page 20) of the petition, is admitted by this affiant. This notification, according to the affiant, contemplates constitution of some committees and procedure which is to be implemented by the authorities concerned. A District-level committee is accordingly constituted. The said committee has to consider the proposal and finally grant approval to it. 7) Learned AGP fairly concedes that the 5 petitioner has lodged his claim in terms of the aforesaid Notification and the claim of the petitioner is under active consideration by the Sub-Divisional Level Committee, Taloda, District Nandurbar. In paragraph no.7 of the reply, it is averred that the Respondents/authorities have already taken the steps and the proposal is pending with the Sub Divisional Level Committee, Taloda for taking necessary decision. The learned AGP fairly states that within a period of four months, the proposal/claim of the petitioner would be considered in accordance with the provisions of law and the notification. The statement made by learned AGP, which is based on affidavit in reply of Mr.Sardar s/o Fadasha Pawara, is accepted and taken on record. In view of the affidavit in reply and the statement, which we have recorded, in our view, nothing remained to be adjudicated in this writ petition and this writ petition can be allowed partly with direction to the respondent/authorities to take a decision upon the applicant/claim of the petitioner within stipulated period and communicate the same to the petitioner. 8) In the result, the writ petitions are partly allowed and the respondents/authorities are directed to consider the proposal/claim of the respective petitioners and decide the same 6 within a period of four months from today and communicate decision thereof to the respective petitioners. Rule is made partly absolute in the aforesaid terms with no order as to costs. (K.U.CHANDIWAL) (S.B.DESHMUKH) JUDGE JUDGE bdv/