Guthikonda Nagabhushana.T v. violation of Article 14

Petition under Section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to rerease petitioners JCB bearing JCB 6earing No TS 04FJ 5327 in connection with POR No 87 of 2024 - 2O2S oI FRO KMM dateO 2611212024 pending disposal of main writ petition in the interest of justice pending disposal of main writ petition in the interest of justice pending disposal of the above writ petition Counsel for the Petitioner: SRl. BHOOPATHT RANJTTH KUMAR Counsel for the Respondents: AGP FOR FOREST The Court made the frrllowing: ORDER ,{ L HON,BLE MRS. JUSTICE SUREPALLI NANDA wRI P TITIO No.4O11 of 2IJ25 ORDER: Heard Sri Bhoopathi Ranjith Kumar' learned counsel appearing on behalf of petitioner and learned Assistant on behalf of Government Pleader for Forest' appear'ng respondent Nos.1 to 4' The petitioner approached the Court seeking prayer 2 as under: .....toissUeanydirectionsmoreparticUlarlyoneinthe nature of WRIT OF MANDAMUS declaring the'action of respondents more particularly the respondent Nos'3 and 4 in seizing the petitioner's vehicle i'e lCB bearing No' TS 04 il 5327 in connection with the alleged offence in POR No 87 of 2024-7025 Of FRO KMM dated 76112/2O24 as illegal and arbitrary, and violation of Articles 1+' 19 ( 1) (g) 27 and 3OO-A of the Constitution of India and CONSEQUENTLY direct the respondent Nos 3 and 4 to releasethesaidPetitloner,SJCBbearingNo.]CBbearing No. TS 04 fl 5321 in connection with POR No 87 of 2024- 2025 Ot FRO KMM dated 26/12/2024 and to pass."". It is represented by the learned counsel appearing on 3. behalf of the petitioner that the subject issue in the present writ petition is squarely covered by the order of this Court dated 2 SN, J t\P 40t I 2025

22.07.2024 pessed in W.P.No.1B061 of 2024 and hence, the present writ petition could be disposed of in tern"s of the aforesaid order.

4. The learned counsel a DDEarino on behalf of the oetitioner rel i d on the covered order dated 2 2 .o7.2024 Dassed in W.P.No.18O61 ot 2024 in oarticular Dara No-9 m is extracted hereu '9. Recording the above submission made by learned' counsel on either side, and the reasons alike in WA No.838 ,:f 2023, dated 22.OA.2O23, this writ petition is disposed of, with the following directlon, direc$ng the respondert authorities to release the petitioner's Tractor i.e., bearing No.AP-25-G-2102, subject to following conditiorrs:

7. Tt\e petitioner shall furnish a bond for a sunt of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties for a like sum each to the satisfaction of the respondents.

2. T,\e petitioner, in addition, shall file an affilavit before the said Officer stating that she shdll not alien,Tte, encumber or transfer, in any manner, the said ilrlctor. "-.iry 3 SN, J wP 40ll 2025

3. The petitioner shall also furnish an undertaking that she shall produce the aforesaid tractor as and when directed by the respondents.

4. The aforesaid afftdouits shall be filed u.tithin a peiod of four ueeks from the date of receipt of copA of this order.

5. The learned Assistant Government Pleader for Forests disputes the same and submits that in pursuance to the judgment of the Division Bench of Apex Court of India in the case of State of Karnataka versus K. xriihnan reDorted in (2OOO) 7 Suoreme Court Cases 80. petitioner has to necessarily furnish a Bank Guarantee and,€ bond for a sum of Rs.50,000/- would not suffice and in particular places reliance on para Nos.7 and B of the said judgment. The on of ara Nos.7 and 8 of h d m n are extract hereu nder: "7. The courts cannot shut their eyes and ignore their obligations indicated in the Act enacted for the purposes of protecting and safeguarding both the forests and their produce. The forests are not only the natural wealth of the country but also protector of human life by providing a clean and unpolluted atmosphere. We are of the considered view that when any vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not 5-- 4 SN, J \\'P 401 I 2025 normally br: returned to a party till the culmination of all the proceedings in respect of such offence, including confis(:atory proceedings, if any.

8. The ;pproach adopted both by the Authorised Officer and the H iqh Court completely ignores the importance ()l' the forests anc the purpose of the object for which the Act was made. As '-he appellant-State has not prayed for quashing the order of the Authorised Officer we refrain to deal with that even :hough we do not approve it. We are, hou'e'ver, satisfied that the High Court had adopted a very casual approach while disposing of the petition under Section 482 of the Code of Criminal Procedure. Besides that tl-rts order impugned is contrary to law, we have our reservations with resp,:r:t to the powers of the High Court under Section 482 Cr.P.tj.. in the matter which we do not expregs in this case".

6. Takinq into consideratiotri (a ) The aforesaad facts and circumstances of the case, (b) The submissaons of the learned counsel appearang orr behalf of the petitioner and the learned Assistant Government Pleader, (c) Th,s observations in the Judgment of the Division Bench of the Apex Court in the case of "State of 5 SN, J wP 40tI 202i Karnataka Versus K.Krishnan" reported in (2OOO) 7 SCC page 8O (referred to and extracted above), The writ petition is disposed of with the following conditions: i) The petitioner shall furnish a bank guarantee for a sum of Rs.4O,OOO/- (Rupees Forty thousand only) with two sureties for a like sum each to the satisfaction of the Forest Divisional Officer, Khammam, Khammam District and the Forest Range Officer, Khammam, Khammam District. I t ii) The petitioner in addition, shall file an affidavit before the said Officer stating that he shall not alienate, encumber or transfe/r, in any manner, the said vehicle i.e., JCB bearing No. TsO4F75327 (shown as TSO4FJ5327 in POR No. 87 ot 2024-2025). aii) The aforesaid affidavit shall be filed within a period of four (4) weeks from the date of receipt of copy of this order. iv) The petitioner shall also furnish an undertaking that he shall produce the aforesaid JCB bearing No. TSO4FJ5327 as and when directed by the Forest Divisional Officer, Khammam, Khammam Dastrict and the Forest Range Officer, Khammam, Khammam District. ,{, 6 SN, J uiP 40tI 2025

7. With these above observations, the Writ petition is disposed of. However, there shall be no order as to cost.s. As a seq uel, the miscellaneous petitions , if any, p€rnding the Writ Petitic n shall also stand closed. SD/.P.PADMANABHA REDDY ASSISTANT REGISTRAR /ffRUE COPY// N OFFICER To,

6. The Principal S ecretary, Forest Department, Secretariat Build'ngs, Hyderabad The District Forest Officer, Khammam Khammam District. The Forest Div sional Officer, Khammam Khammam District. The Forest Riange Officer, Khammam Khammam District / One CC to SRl. BHOOPATHI RANJITH KUMAR Advocate [OPUC] Two CCs 1s {lr FOR FOREST, High Court forthe State of Telangana

7. KKS LS Two CD Copier; e HIGH GOURT DATED:1210212025 o -r ri r s .. l\..\ . . '\' O,.:\ (, 11 t4/in n25 p Or ''$-r,o Taj! ii 1/ -a -y' =:'-4" ORDER WP.No.4011 at 2025 ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS \0