Mr. Shilam Anjaiah v. 1. State of Telangana

Petition Under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an orders. or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF MANDAI\/US declaring the action of respondents. more particularly the respondents No.3 and 4 in seizing the petitioner's vehicle i.e.. Motor Cycle bearing No.TS31G6269in connection with the alleged offence in POR No. 120-0595212022, daled 10.11.2024, on the file of Achampet Wild Life Division, I\iladdimadugu Range as illegal and arbitrary and violative to article 14. 19 and 21 of lhe Constitution of lndia and consequently direct the respondents No. 3 and 4 to release the said petitioner's Motor Cycle bearing No.TS31G6269 in connection with POR No. 120-0595212022, dated 10-11.2024. on the file of Achampet Wild Life Division, Maddimadugu Range. |.A.NO:1 OF 2025 Petition Under Section 151 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 release petitioner's lVlotor Cycle bearing No.TS3'1G6269 in connection with POR No. 120-0595212022, dated 10.11.2024, on the file of Achampet Wild Life Division, [\/addimadugu Range pending disposal of main writ petition in the interest of Justice. Counsel for the Petitioner : SRI NARAPARAJU AVANEESH Counsel forthe Respondents : GP FOR FORESTS The Court made the following ORDER / HON'BLE MRS' ]USTICE SUREPALLI NANDA W ITP ETITION N o.41310 F20 25 ORDE Heard a ppea ri n9 Sri NaraPralu on behalf of Avaneesh, learned counsel the petitioner and learned Forest, aPPearing on behalf of Government Pleader for respondents.

2. The petitioner approached the Court seeking prayer as underl "...issue any directions or issue any appropriate writ more partlcularly in the nature of WRIT OF MANDAMUS declaring the action of respondents' more particularly the respcndents Nos'3 and 4 in seizing the petitioner's vehicle i'e', Motor Cycle bearing No.TS31G6269 in connectlon with the alleged offence in POR l''Jo 120-0595212022' dated LO.IL.2O24, on the file cf Achampet Wild Life Division, Maddimadugu Range as illegal and arbitrary and violative to article 14, 19 and 21 of the Constitution of India and consequently direct the respondents Nos.3 and 4 to release the said petitioner's Motor Cycle bearing No'TS31G6269 in connection with POR t\o'120-0595212A22' dated LAjj^.2A24, on the file of Achampet Wild Life Division, Maddimadugu Range and to pass such 2 order or orders as this Hon'ble Court may deem fit and proper in the circumstances of case."

3. The case of the petitioner, in brief, is that the petitioner is the registered owner of vehicle Motor Cycle bearing No.TS31G6269. The petitioner purchased the said vehicle on

09.08.2021. The respondent Nos.3 and 4 seized the petitioner's vehicle i.e., Motor Cycle bearing No.fS31G6269 in connection with alleged offence in POR No.120-05952/2O22 dated tA.17.2024 on the file of Achampet Wild Life Division, Maddimadugu Range stating that the petitioner's vehicle is involved in trading of Wild Animals and POR is registered against the petitioner under Sections 9, 39, 44, 48, 49, 498(i)(a), 51 and 57 of Wild Life (Protection) Act, 1972. Thereafter. the petitioner approached the respondents with a request to release the petitioner vehicle, but the respondents are not releasing the petitioner's 'rehicle. Aggrieved by the same, petitioner filed the present writ petition.

4. Learned Government Pleader for Forests, appearing on behalf of the respondents, submits that the petitioner without approaching the respondent No.2 herein with an appropriate application as mandated under Section 44 (3) of the Telangana 3 Forest Act, 1967 has approached this Court by filing the present writ petition seeking release of vehicle i.e., Motor Cycle bearing No.TS31G6269, seized in connection with the alleged offence in POR No.t2O-05952/2022 dated LO.II.2O24 on the file of Achampet Wild Life Division, Maddimadugu Range.

6. Learned counsei appearing on behalf of the petitioner does not dispute the said submission made by the learned Government Pleader for Forests, appearing on behalf of respondents.

7. The learned counsel appearing on behalf of the petitioner submits that the petltioner may be given liberty to file an appropriate application under Section 44 (3) of the Telangana Forest Act, 1967 before the respondent No.2 herein seeking release of petitioner's vehicle i.e., Motor Cycle bearing No.TS31G6269 and the said application may be directed to be considered by the respondent No.2 in accordance to law within a reasonable period. 8 TAKING INTO CONSIDE RATION a). The aforesaid facts and circumstances of the case. 4 - b). The said submissions made by the learned counsel appearing on behalf of the petitioner and learned Government Pleader for Forest, appearing on behalf of respon d ents. c). Tlre fact that the petitioner approached the Court withourt filing an appropriate application before the respondent No.2 as mandated under Section a4 (3) of the Telangana Forest Act, 1967. d). The writ petition is disposed of directing the petitionelto file an appropriate application before respondent No'2/The Forest Divisional Officer, Nagarkurnool District, Telangana State seeking release of petitiorrer's vehicle i.e., motor cycle bearing No.TS31G6269, seized in connection with the alleged offence in POR No'12O-O5952/2O22, dated 1O'11'2024 on the file of Achampet Wild Life Division, Maddimadugu Range, within a period of one (1) week from the date of receipt of a copy of this order and upon the petitioner filing the said application before the respondent No'2, the respondent No.2 is directed to consider the same in accordance to law and pass appropriate orders on the said application of the petationer seeking release of the --' -5 petitioner's subject vehicle, within two (02) weeks thereafter. However, there shatl be no order as to costs' Miscellaneous petitions, if any, pending shall stand closed' SD/.S . MALLIKARJ UNA RAO AS SISTANT RE GTSTRAR //TRUE COPY// sEcnoN o FFICER kar Bhavan, T S'

1. The PrinciPal Secretary' Forest DeP artment Dr. B' Secretariat, State of Tel angana at HYd erabad. 2. The District Forest Officer, Nagarkurnool District, Telang ana State 3. The Forest Divisional Office r, Nag arkurnoo I District, Tela ngana State ' addimadugu, Nag arkurnool District. TS,H igh Court fo r the State of Tela ngana at 4. The Forest 5. Two CCs to Hvd erabad. RAPARAJU AVANEESH' Advocate [OPUCI Range GP FOR touTl CC to SRI NA Officer, M FORES \ To

6. One 7. Two CD CoPies SA LS (t- HIGH COURT' DATED:0310312025 ORDER WP.No.4131 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. c I L t-\ 2L', \ 0, 1HE SfA r4: o O 0 1 t'lAY 2UZ5 ( z i! -b t .5r'arcH EQ