2-WP-7752-2026.odt rajshree IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7752 OF 2026 Lata Vithal Katkari .. Petitioner V/S State of Maharashtra & Ors. .. Respondents Ms.Priyanka Dable for the Petitioner. Ms.Savita Prabhune, AGP for the State. Mr.Amol Chirame, Assistant Conservator of Forest, Bhiwandi, Thane Division, present. CORAM : BHARATI DANGRE & MANJUSHA DESHPANDE, JJ DATE : 22nd JUNE 2026 P.C. : 1 The Petitioner, who is allotted a land for agricultural purpose in the wake of implementation of the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2008, (for short ‘the Act of 2008), has approached this Court being aggrieved by the proposed construction activity of the Forest Department by erecting a boundary wall/fencing, in a manner, which affect the Petitioner’s right of being in possession, cultivation, access, ingress, egress and enjoyment of the forest rights recognized in her favour in Survey/Gat No.219, admeasuring 4500 sq. mtr. situated at Village Mauje Kasane, Taluka Bhiwandi, District Thane. 1/2 RAJSHREE KISHOR MORE Digitally signed by RAJSHREE KISHOR MORE Date: 2026.06.29 10:39:51 +0530 2-WP-7752-2026.odt 2 On hearing the learned counsel for the Petitioner and the learned AGP whom we had directed to obtain necessary instructions, we Dnd that the claim of the Petitioner is as regards allotment of land in her favour in Survey/Gat No.219, whereas, alongwith the Petition, Appendix 2 issued by the Additional Commissioner, Tribal Development, Thane, is enclosed, reFecting that Lata Vithal Katkari, the Petitioner, is allotted area of 4500 sq. mtr. from Gat No.228 in the year 2011. 3 We Dnd that belatedly in the year 2026 for the Drst time, the Petitioner made a grievance to the Sub Divisional OfDcer that what is allotted to her is land from Gat No. 219 and the letter of allotment shall be corrected accordingly. It is too late in the day for the Petitioner to seek rectiDcation, but according to the State what is allotted to her is 4500 sq. mtr. from Gat No.228 and the fencing which is proposed by the Forest Department is surrounding Gat No.219. In any case, if the Petitioner want a rectiDcation and it is her case that she is carrying out cultivation activity in Survey/Gat No.219, she shall Drst seek rectiDcation of her Adhikar Patra / document conferring a right of cultivation upon her from the year 2011, in Gat No.228. In absence of the Petitioner clearly establishing her entitlement to restrain the Forest Department from carrying out the act of protecting forest by erecting a wall/boundary wall, we do not Dnd any reason for issuance of any direction. In the wake of above, Writ Petition is dismissed. [MANJUSHA DESHPANDE, J.] [BHARATI DANGRE, J.] 2/2