G. Suresh v. 1. 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 dectare the action of the Respondent No.3 & 4 in seizing the petitioner's vehicle tractor Bearing No.TS16FA8286, Engine No. PY3029H145024 and chassis No.1VY5310EH1A012026 vide POR (Preliminary Offence Report) File No.6B/ORllndalwail2024-25 dated 13.09.2024 and detaining the said vehicle in the custody of Respondent No.5 authority District Forest Range Head Quarters, Nizamabad District since 13.O9.2024, as being illegal, arbitrary, unjust apart from being violative of Principles of Natural Justice Under Article 14, 21 , and 1 9-(1 ) (g) of the Constitution of lndia and Consequently direct the 5th Respondent to release the Petitioner vehicle tractor Bearing No.TS16FA8286, Engine No. PY3029H145024 and chassis No.'1VY5310EH1A012026. 7 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 5th Respondent to release the Petitioner's vehicle tractor Bearing No.TS16FAB286, Engine No. PY3029H145024 and chassis No.'tVY53'10EHLAO'12026, pending disposal of the above writ petition. Counsel for the Petitioner: SRI U.CHANDRASHEKAR Counsel for the Respondents: GP FOR FORESTS The Court made the following: ORDER r I I I --7 HON'BLE MRS JUSTICE SUREPALLI NANDA w T PETI IO No 423 OF 2 ORDER: Heard Sri U.Chandra Shekar, tearned counsel appearing on behalf of the petitioner and the learned GovernmentPleaderforForest,appearingonbehalfofthe respondents.

2.7 as under: a h o s r "...to issue a writ, order or direction more particularly one in the nature of Writ of marldamus to declare the action of the Respondent No'3 & 4 in seizing the petitioner's vehicle tractor Bearing No'TS16FAB2B6' Engine No.PY3029H145024 and chassis No.1VY531OEHLAO12026 vide POR (Preliminary Offence Report File No.6Bi OR/Ind alwai/2024-25 dated 13.09.2024 and detaining the said vehicle in the custody of Respondent No'5 authority District Forest Range Head Quarters, Nizamabad District since 13-0g.2024, as being illegal, arbitrary' unjust apart from being violative of Principles of Natural Justice Under Article t4, 2L and f 9(1) (g) of the Constitution of India and Consequently direct the 5th Respondent to release the Petitioner vehicle tractor Bearing No.TS16FAB2B6, Engine No'PY3029H145024 and chassis No.lVY5310EHLAO12026 and pass such other l SN,J w_4230 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 Ld5C.

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 registration number TS16FAB286, engine number PY3029H1Y5024, and chassis number 1VY5310EHLA012026. On

13.09.2024, the respondent Nos.3 and 4 seized"the petitioner's tractor and since then, detalned the said vehicle in the custody of the respondent No.5 making false allegations that the petitioner illegally encroached into the forest land by ploughing and leveling the forest land. 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 seeking release of the subject vehicle i.e., Tractor bearing No.TS16FA8286, Engine No.PY3029H145024 and chassis No.1VY5310EH1A012026 and I I a ) SN,J w_4230_2025 therefore, the relief aS Sought for by the petitioner cannot be granted in the present writ petition' 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(1) and (3) of the Telangana Forest Act, 1967 to the respondent No'5' the respondent No'5 would consider the same in accordance to law within a reasonable period.

5. Taking into consideration the aforesakl facts and circumstances of the case and the submissions made by the learned counsel appearing on behalf of the petitioner and the learned Government Pleader for Forest' appearing onbehalfoftherespondents,thewritpetitionisdisposed of directing the petitioner to make an application as providedundersection44(1)and(3)oftheTelangana Forest Act, tg67 to the respondent No'5 herein within a period of one(l) week from the date of receipt of a copy ofthisorderanduponthepetitionersubmitting application to the respondent No's herein seeking release of the subiect vehicle within a period of one(1) week from .1 SN,J wp_4230_2025 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 duly communicate the decision on the said application to the petitioner. 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. PRATHIMA ASQISTANT RFGISTRAR SECTIONTFFICER Buildings, Hyderabad. '1 . The Prl. secretary, Forest Department, The State of Telangana, Secretariat 2. The Chief Conservator of Forest, Aranya Bhavan, saifabad, Hyderabad. 3. The Forest Beat Officer, Dubbak, Siddipet District 4. The Forest Range Officer, lndalwai, Nizamabad District. 5. The District Forest Officer, HQ Nizamabad, Nizamabad District. 6. One CC to SRI USAKOYEELA CHANDRASHEKAR, Advocate [OPUC] 7. Two CCs to GP FOR FORESTS, High Court for the State of Telangana. B. Two CD Copies touTl BN To, HIGH COURT CC TODAY DATED:13 t\2t2\2s 1 HE SrAfe' ORDER WP.No.4230 of 2O2S I c 1 4 FtB 2[i5 \e fr",fC DISPOSING OF THE WRIT PETITION WITHOUT COSTS \L\ i I