(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8871 OF 2010 1. Goma Mogya Padavi, Age : 41 years, Occupation : Labour. 2. Hana Punjya Padavi, Age : 38 years, Occupation : Labour. 3. Pratapsing Surtanya Padavi, Age : 38 years, Occupation : Labour. 4. Kagada Parshi Vasave, Age : 43 years, Occupation : Labour. 5. Rajyat Smasa Vasave, Age : 45 years, Occupation : Labour. 6. Bharat Rama Padavi, Age : 41 years, Occupation : Labour. 7. Varya Kala Vasave, Age : 44 years, Occupation : Labour. 8. Fulya Punjya Padavi, Age : 51 years, Occupation : Labour. 9. Shravan Rupaji Padavi, Age : 50 years, Occupation : Labour. (2) 10. Datakya Bhipya Vasave, Age : 48 years, Occupation : Labour. 11. Dinesh Kagada Padavi, Age : 40 years, Occupation : Labour. 12. Sipa Kapaji Padavi, Age : 45 years, Occupation : Labour. 13. Singa Khalya Vasave, Age : 47 years, Occupation : Labour. 14. Bilasing Sonya Vasave, Age : 41 years, Occupation : Labour. 15. Hana Punjya Padavi, Age : 47 years, Occupation : Labour. All R/o. : Todikund, Taluka : Akkalkuwa, District : Nandurbar. .. Petitioners. versus 1. The State of Maharashtra, Through its Secretary, Forest Department, Mantralaya, Mumbai - 32. 2. The Divisional Commissioner, Nashik Division, Nashik. (3) 3. The Collector, Nandurbar, District : Nandurbar. 4. The Sub-Divisional Officer, Taloda Division, Taloda, District : Nandurbar. 5. The Tahsildar, Akkalkuwa, District : Nandurbar. .. Respondents. ....................... Mr. A.G. Magare, Advocate, for the petitioners. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos.1 to 5. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 30TH SEPTEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. (4) 2. The limited grievance of the petitioners is that though the petitioners are entitled for consideration of their applications, regarding their claim upon the encroached reserved forest land of Coup No. 410, situated at village Patanshreni-Thanavihir (Taluka : Akkalkuwa, District : Nandurbar), the State authorities i.e. respondent no.5 is refusing to accept the applications of the present petitioners. 3. The authorities of the State cannot deny the petitioners, to make a representation. As to whether, the said representation has to be accepted, or not, is a different matter to be decided on considering entitlement of a party. In that view of the matter, we are inclined to allow the petition. 4. In the result, the petition is allowed. The respondent no.5 is directed to accept the applications of the petitioners for consideration of their claim upon the encroached reserved forest land of Coup No. 410, situated at village Patanshreni-Thanavihir (Taluka : Akkalkuwa, District : Nandurbar). The respondent no.5 is further directed to consider and decide the claim of the petitioners, on its own merits, within a period of three months from the date of receipt of the applications. (5) 5. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp8871