912-wp..11184.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11184 OF 2026 Arfan Vahab Bubere ...Petitioner Versus State of Maharashtra and Ors. ...Respondents Mr. Abhijit Patil for the Petitioner. Mr. S. H. Kankal, A.G.P. for the Respondent-State. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 27th AUGUST 2026 P.C. : 1. The petition raises a challenge to the order passed by the Additional Divisional Commissioner, Konkan Division, Mumbai, in an appeal filed under Section 247 and the learned A.G.P. raises a specific objection that against the said order an Appeal lies before the State Government. 2. The learned counsel for the petitioner states that he is a aware that the order is appealable, however, in the wake of the N. S. Chitnis 1/3 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.08.29 16:42:19 +0530 912-wp..11184.2026.doc urgency, he has moved this Court, since there is every apprehension that the petitioner may be evicted. He would place reliance upon the decision of the Apex Court in the case of Rohan Vijay Nahar and Others v/s State of Maharashtra and Others1, to submit that the procedure required to be followed under the Indian Forest Act has not been adhered to, and at the end of the adjudication, the proof of service of notice on the owners if not proved, then the whole proceedings initiated for declaring the land as private forest would fail. 3. We quite appreciate the said contention but if the remedy is available to the petitioner in the form of an appeal before the State Government, we dismiss the writ petition with liberty to file an appeal along with an application for grant of stay and we expect the Appellate Authority to consider the application for grant of stay expeditiously and, in no case, within a period of four weeks from the date of institution of the appeal. 1 (2026) 2 SCC 182 N. S. Chitnis 2/3 912-wp..11184.2026.doc The Writ Petition is accordingly disposed of. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 3/3