1. Nimma Abhinay v. 1. The State of Telangana
Case Details
Acts & Sections
Petition under Article 226 of the 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 MANDAMUS declaring the action of respondents, more particularly the respondents No.3 to 5 in seizing the petitioners vehicles i.e., one Tata Tiago XT bearing No. TS 0B FR 8529 and Maruthi Suzuki Alto bearing No. AP25R 7444 in connection with the alleged offence in POR No. 004/26 dated 30.12.2024 as illegal and arbitrary, consequently direct the respondents No. 3 to 5 to release the said petitioners vehicles i.e., Tata Tiago XT bearing No.TS08FR 8529 and Maruthi Suzuki Alto bearing No. AP25R 7444 in connection with the alleged offence in POR No. 00 41 26 d ated 30. 1 2.2024. lA 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 the vehicles of the petitioners i.e., one Tata Tiago XT bearing No.TS08FR 8529 and Maruthi Suzuki Alto bearing No. AP25R 7444 in connection with the POR No. 004/26 dated 30.12.2024 pending disposal of main Writ Petition in the interest of Justice. Counsel for the Petitioner: SRI THOOM SRINIVAS Counsel for the Respondents: GP FOR FORESTS The Court made the following: ORDER I I I HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION N o.4080 0F 2025 ORDER: Heard Sri Thoom Srinivas, learned counse! appearing on'behalf of the petitioners and the learned Government Pteader for Forest, appearing on behalf of the respondents.
2. h dth as u nder: "...to pass an orders, or issue any directions or issue any appropriate writ more particular[r in the nature of WRIT OF MANDAMUS declaring the action of respondents, more particularly the respondents No'3 to 5 in seizing the petitioners vehicles i.e., one Tata Tiago XT bearing No.TS0BFRB529 and Maruthi Suzuki Alto bearing No.AP25R7444 in connection with the alleged offence in POR No.0O4l26 dated 30. 12.2024 as illegal and arbitrary, consequently direct the respondents No.3 to 5 to release the said petitioners vehicles i.e., Tata Tiago XT bearing No.TS0BFRB529 and Maruthi Suzuki Alto bearing No.AP25R7444 in connection with the alleged offence in POR No.004/26 daled 30.12.2O24 and to pass any such other order orders as this Hon'ble Court may deem fit and proper in the circumstances of the case." l SN,J wp 4080_2025 3, The case of the petitioners, in brief, is that the petitioners are the permanent residents of Itikyal Village, Adilabad District, and the owners-cu m-d rivers of the vehicles i'e', Tata Tiago XT bearing No.TS0BFR 8529 and Maruthi Suzuki Alto bearing No.AP25R 7444.. On 30.12.2024, the respondent No'5 seized the vehicles of the petitioners on the allegation that the petitioners vehicles have illegally trespassed into R.F.Beat, Paidipally at C.No.317, Kawal Tiger Reserve core area and registered a case in POR No.004/26 dated 30.12-2O24 and produced the said vehicles before the respondent No.4 even though the petitioners are no way concerned with the said crime. A{grleved by the same, the petitioners filed the present writ petition.
4. Learned Assistant Government Pleader for Forest, appearing on behalf of the respondents submits that the petitioners had not filed any application to the respondent No'2 seeking release of the subject vehicles i.e., Tata Tiago XT bearing No.TS0BFR 8529 and Maruthi Suzuki Alto bearing No.AP25R 7444 and the application submitted by the petitioners dated 30.01.2025 does not pertain to the request of the petitioners for release of the subject vehicles seized by the Forest Department and it only refers to the petitioners accepting SN.J wp_4080_2025 the mistake of entering into the prohibited area without perm ission.
5. Learned Assistant Government Pleader for Forest' appearing on behalf of the respondents further submits that upon the petiticiners making an appropriate application as provided under Section 44(1) and (3) of the Telangana Forest Act, L967 to the respondent No'2, the respondent No'2 would consider the same in accordance to law within a reasonable period.
6. Takino into consideration: a) The aforesaid facts and circumstances of the case' b) The submissions made by the learned counsel appearing on behalf of the petitioners and the learned GovernmentPleaderforForest,appearingonbehalfofthe respondents and, t I c) The fact that the petitioners had not filed any application before the competent authority seeking release of the subject vehicles as on date' 4 SN,J wp 4080 2025 The writ petition is disposed of directing the petitioners to make an application as provided under Section 44(1) and (3) of the Telangana Forest Act, L967 to the respondent No.2 herein within a period of one(1) week from the date of receipt of a copy of this order and upon the petitioners submatting application to the respondent No.2 herein seeking release of the subject vehicles within a period of one(1) week from the date of receipt of a copy of this order, the respondent No.2 shall consider the same and pass appropriate orders in accordance to Law, within a period of one(l) week thereafter and duly communicate the decision on the said application to the petitioners. However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. //TRUE COPY// SD/- A. P ASSISTANT RE IMA STRAR SECTION FFICER I The Principal Secretary, Forest Department, The State of Telangana, Secretariat Buildinqs, Hvderabad. The District Forest-Off ic-er, Ja nnaram Mancherial District. lne horest Security Officer, Chinthaguda, Mancherial District. lne Forest tleat Officer, paidipally Mancherial District. I he I-orest Range Officer, Jannaiam Mancherial District. 9n" 99 to sRt fHooM sRtNtvAS, noroCJte roFuti Two CCs to GP FOR FORESTS, High Courr io'rlnJ5iate of Tetangana. tOUT Two CD Copies BN To, 1 2, 3. 4. 5. 6. 7. B. t/::!w 1 HIGH COURT DATE D : 1 310212025 CC TODAY ORDER WP.No.4080 of 2025 'r\E STA r€i Y o; 'i o 14 tts 2ffi5 * I rrli rr'Bd / DISPOSING OF THE WRIT PETITION WITHOUT COSTS l/ { \L\