Gram Sabha Bhumkan, Gram Panchayat Manewara, Tq. Attapalli, District Gadchiroli, Through its Authorized Person Shri Koturam Keye Potavi v. State of Maharashtra, Through its Chief Secretary, Department of Forest and Revenue
2025-07-10
M.S.JAWALKAR, PRAVIN S.PATIL
body2025
DigiLaw.ai
JUDGMENT : M.S. JAWALKAR, J. (1) The present Petition is filed seeking direction to the Respondent Nos. 3 and 4 for return of tendu leaves. It is submitted that as the vehicle is released, the Prayer Clause (i) is satisfied. The second prayer of the Petitioner is to restrain the Respondents – Authorities from seizing the Petitioner’s Minor Forest Produce (MFP) in future by upholding the exclusive rights over the MFP of the Petitioner - Gram Sabha in the schedule areas of the Constitution of India. By way of amendment, the Petitioner is also seeking to hold and declare that the Government Resolution dated 08/04/2015 is contrary to the law, and therefore, it is liable to be quashed and set aside. (2) After thoroughly going through the Government Resolution dated 08/04/2015 which is at Annexure R-I and hearing both the parties at length, we expressed our declination to read this Government Resolution as violative of any right of Gram Sabha. In fact, it is regulatory in nature. In the Government Resolution itself, it is made clear that the issuance of Transport Permit is within the authority of Panchayat and Gram Sabha. However, there should not be any misuse of bogus transit permit and to protect the income of the Gram Sabha itself, certain regulatory directions are issued by this Government Resolution. There are certain conditions that there shall be TP book of 50 pages having colour light pista green and it will be water marked and printed in the Government Printing Press. The counterfoil has four parts (folds) and those will be stamped by Forest Officials across the fold. (3) There is apprehension to the Petitioner – Gram Sabha that the Forest Officials may not supply the said TP book as and when the request is made for. There is no substance in this apprehension. If any further complication is to be avoided, the Gram Sabha shall intimate or request to the concerned Officials of the Forest Department for issuance of TP book in writing and it is expected from the Officials that if there is no other difficulty, then they shall immediately supply the same to the Petitioner within a period of two weeks. (4) With the above observations, the Petition stands disposed of . Pending Application(s), if any, stand(s) disposed of.