Gundaram Shankar v. 'I . The State of Telangana

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 issue a writ, order or direction more particularly one in the nature of Writ of mandamus to declare the action of the Respondent No.3 and 4 in seizing the petitioners vehicle tractor Bearing No.TS16EH741B, Engine No.PY3029H069218 and chassis No.1PY5310EHGA009B34 vide POR (Preliminary Offence Report) File No.68/0R/lndalwail2O24-25 dated 13.O9.2024 and detaining the said vehicle in the custody of Respondent No.S authority District Forest Range Head Quarters, Nizamabad District since 13.09.2024, as being illegal, arbitrary, unjust apart from being violative of Principles of Natural Justice Under Article 14, 21 , and 19-(1) (g) of the Constitution of lndia and consequently direct the 5th Respondent to release the petitioner vehicle tractor Bearing No.TS16EH741B, Engine No. py3029H069218 and chassis No.1 PY531 0EHGA009834 l.A.NO:1 OF 2025 Petition Unde' section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Sth Respondent to Bearing No.TS16EH7418, Engine No. No.'1 PY5310EHGA009B34, pending disposal of the above writ petition. the Petitioners vehicle tractor PY3029H0692i8 and chassis release Counsel for the Petilioner : SRt USAKOYEELA CHANDRASHEKAR Counsel forthe Respondents : SRI y.RANDHEER, Gp FOR FORESTS The Court made the following ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA w RIT PETITI N 427 F2 ORDER: Heard Sri U'Chandra Shekar, learned counsel appearing on behatf of the petitioner and Sri Y'Randheer learned Government Pleader for Forest, appearing on behalf of the resPondents' 2 h e as under: rts kin e "...to issue a writ, order or direction more particularly one in the nature of Writ of mandamus to declare the action of the Respondent No'3 & 4 in seizing the petitioner's vehicle tractor Bearing No'TS16EH741B, Engine No.PY3029H069218 and chassis No. 1 PY53 10EHGAOogB34 vide POR ( Preli mina ry Offence Report) File No.6B/OR/Ind alwail2O24-25 dated 13.0g.2024 and detaining the said vehicle in the custody of Respondent No.5 authority District Forest Range Head Quarters, Nizamabad District since 13.Og-2024, as being illegal, arbitrary, unjust apart from being violative of Principles of Natural lustice Under Article 14, 2l and 19(1) (g) of the Constitution of India and Consequently direct the 5th Respondent to release the Petitioner vehicle tractor Bearing No.TS16EH741B, Engine No.PY3029H069218 and chassis No.1PY531OEHGA009B34 and pass such other 2 SN,J vp_4278 2025 order or orders as this Honble Court may deem fit and proper in the circumstances of the case and to pass such other order or orders as this Hon,ble Court may deems fit as just and proper in the circumstances of the case. "

3. The case of the petitioner, in brief, is that the petitioner is the permanent resident of Challagarga Village, Dharpally Mandal, Nizamabad District, and the owner-cum -driver of a tractor bearing No.TS16EH7418, Engine No.py3029H069218 and chassis No.1PY5310EHGA009B34. On 13.09.2024, the respondent Nos.3 and 4 seized the petitioner's tractor and since then, detained the said vehicle in the custody of the respondent No.5 by falsely alleging that the petitioner along with two other persons illegally encroached the forest land by ploughing and leveling the same and the petitioner had been arrayed as accused No.3 in pOR No.6BlOR/Ind alwai/2024-25, Aggrieved by the same, the petitioner filed the present writ petition.

4. Learned Assistant Government pleader for Forest, appearing on behalf of the respondents submits that the petitioner had not filed any application as provided under Section 44(3) of the Telangana Forest Act, 1967 seeking release of the subject vehicle i.e., tractor bearing No.TS16EH7418. (v J SN,J w_4218J02s

5. Learned Assistant Government Pleader for Forest' appearing on behalf of the respondents further submits that upon the petitioner making an appropriate application as provided under Section 44(3) of the Telangana Forest Act' 7967 to the respondent No.5, the respondent No'5 would consider the same in accordance to law, within a reasonable period' 6 n4 t e naF r t9 7as extracted hereunder: "(3) Any forest officer not below the rank of a Forester, who or whose subordinate has seized any tools, ropes, chains, boats, vehicles or cattle under sub- (1) 17[and where he makes a report of such section to the Magistrate under sub-section (2)l may seizu re release the same on the execution by the owner thereof a bond for the production oF the property so released' if and when so required before the magistrate'"

7. Ta n n (a) The aforesaid facts and circumstances of the (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned I i I i-.1II 4 a SN,J w 4218_2025 Government Pleader for Forests, appearing on behalf of the respondents, (c) The fact as admitted by the learned counse! appearing on behalf of the petitioner that the petitioner had not made any application as on date as provided under Section 44(3) of the Telangana Forest Act, 1967, The writ petition is disposed of directing the petitioner to make an application as provided under Section 44(3) ot the Telangana Forest AcL L967 to the respondent No.5 seeking release of the subject vehicle seazed vide File No.68/OR/Indalwai/2024-25 dated L3.O9.2O24 and presently detained in the custody of Respondent No.5 herein within a period of one(1) week from the date of receipt of a copy of this order and upon the petitioner submitting an appropriate applicataon to the respondent No.S herein under Sectaon 44 (3) of the Telangana Forest Actt L967, within a period of one(l) week from the date of receipt of a copy of this order, the respondent No.5 shall consider the same and pass appropriate orders in accordance to Law, within a period of one(1) week thereafter and duty communicate the 5 SN,J wp,4278_2025 decisiononthesaidapplicationtothepetitioner. However, there shall be no order as to costs' Asa sequel, the miscellaneous petitions' if any pending, in the Writ Petition shall also stand closed' SD/.P. PADMANABHA REDDY ASSISTANT REGTSTRAR /ITRUE COPY// ECTION OFFICER To " The Principal Secretary, Forest Department' Secretariat Buildings' State of Telanoana at HYderabad' iI5 iffirc;;;ilri;; Forest' Aranva B!?Yqn: sairabad' Hvderabad' i"i".t Beat Officer, Dubbak' Siddipet D]stricll. . . . iii; ;;;;;iar"g" om"Lt, lndalwai' Nizamabad District' ii;; il ri"t i;rJ.t offi""', HQ Nizamabad' Nizamabad District' Two CCs to GP FOR FORESIS, H'Sh Court for the State of Telangana at Hvderabad. [OUT] liL" cCi" dnr usnroveer-n cHANDRASHEKAR' Advocate toPucl Two CD CoPies

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7. 8. SA BS \ I C.C. TODAY // I _.1- ,1iF i '.. 24 tiB 2$6 HIGH COURT DATED:14102t2025 ORDER WP.No.4278 of 2O2S DISPOSING OF THE W.P WITHOUT COSTS. t\ L,