MAHENDRASINGH DIGVIJAYSINGH MUKNE vs THE STATE OF MAHARASHTRA AND ORS.

Judgment text excerpt

SNEHA ABHAY DIXIT IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by CIVIL APPELLATE JURISDICTION SNEHA ABHAY DIXIT Date: 2025.05.26 19:12:31 +0530 WRIT PETITION NO.2727 OF 2018 Mahendarsingh Digvijaysingh Mukne ] Ruler of ex-State of Jawahar, ] Jai Vilas Palace, At Post Jawahar, ] District Palghar (Maharashtra) ] .. Petitioner Versus 1. The State of Maharashtra, ] Through the Department of Revenue & Forest, ] 2. The Collector, ] District Palghar ] 3. The Additional Collector, ] Jawahar ] 4. Marzban Jehangirji Patel, ] R/of Patel Pada, Dist. Palghar ] .. Respondents Dr. Abhinav Chandrachud with Ms. Unnati Ghia and Mr. Subodh Kurudkar, Advocates, i/by Kurudkar Associates, for the Petitioner. Dr. Birendra B. Saraf, Advocate General, with Ms. Neha S. Bhide, Government Pleader, Mr. A.I. Patel, Additional Government Pleader, Mr. Vaibhav Charalwar, ‘B’ Panel Counsel and Mrs. M.S. Bane, Assistant Government Pleader for Respondent Nos.1 to 3. Mr. Dharmesh Pandya with Ms. Tejal Pandya, Advocates, i/by Ashwin Pandya & Associates, for Respondent No.4. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ The date on which the arguments were concluded : 25TH APRIL, 2025. The date on which the Judgment is pronounced : 26th MAY, 2025. JUDGMENT : [ Per A.S. Chandurkar, J. ] 1. In this writ petition filed under Article 226 of the Constitution of 2-Civil Writ Petition No.2727 of 2018-Judgment.doc 1/37 Dixit India, the petitioner has challenged the validity of Rule 4(1)(a) of the Maharashtra Land Revenue (Transfer of Occupancy by Tribals to Non- Tribals) Rules, 1975. Rule. Rule made returnable forthwith. With consent of learned counsel for the parties the writ petition is taken up for final consideration. 2. It is the case of the petitioner that land bearing Gat Nos.6, 9, 10, 14, 15 a