Narege Rajaiah v. The Authorised Officer and the Assistant Conservator of Forest, Warangal, North Division & Ors.
Case at a glance
Outcome
Dismissed
Accordingly, the writ petition is dismissed with liberty to the
Provisions considered
- A.P.Forest Act, 1967 s. 44
Judgment
Cause title
Counsel for the petitioner:
Sri A.Prabhakar Rao Counsel for respondents: AGP for Forests The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the seizure of tractor, bearing registration No.AP36 AB 7107, vide proceedings in POR No.117/OR/B/2010-11, dated 25.11.2010, as illegal and arbitrary. The petitioner sought for a direction to the respondents to release the tractor. The petitioner’s tractor was seized on 25.11.2010 on the ground that it was used for removal of forest bushes worth Rs.3,550/- over a forest land. On the basis of a preliminary offence report, respondent No.1 initiated proceedings under Section 44 of the A.P.Forest Act, 1967 for confiscation of the vehicle and issued show-cause notice on
Operative part
25.11.2010, to which, the petitioner is stated to have submitted his explanation. While the said proceedings are pending, the present writ petition is filed with the above prayer. At the hearing, Sri A.Prabhakar Rao, learned counsel for the petitioner, stated that due to ignorance, the petitioner did not approach respondent No.1 with an application for release of the vehicle. In my opinion, unless the petitioner moved respondent No.1 for release of the vehicle and failed to get an order in that regard, he cannot approach this Court. Since this procedure is not followed, I am not inclined to entertain this writ petition at this stage. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach respondent No.1 with an appropriate application for release of the tractor. On such application being received by respondent No.1, the same shall be disposed of expeditiously, after examining the feasibility of release of the vehicle. As a sequel to dismissal of the writ petition, W.P.M.P.No.3005 2011 filed by the petitioner for interim relief is disposed of as infructuous. 08th February, 2011 VGB C.V.NAGARJUNA REDDY, J
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the writ petition is dismissed with liberty to the
Which statutory provisions did this judgment involve?
A.P.Forest Act, 1967 — s. 44.
Which court decided this case, and when?
Andhra Pradesh High Court, on 08 Feb 2011. The bench was C V NAGARJUNA REDDY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.