The High Court · 2025

Judgment

1. 4 5 6 Petition under Arlicle 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 an appropriate Writ, Order or Direction, more particularly in the nature of Writ of Mandamus, to declare the action of the respondents No 3 and 4 in registering POR No 30/035 Dated 2310812024 by seizing the JOHNDEERE Tractor bearing No AP 25 AG 8316 as illegal null vord arbitrary and consequentially direct the respondents to release the JOHNDEERE Tractor bearing No AP 25 AG 8316 to the petitioner I . f - lA NO: 1 OF 2025 Petition under Section 151 CPC praying that jn the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders directing the 3rd and 4th Respondents to release the JOHNDEERE Tractor bearing No AP 25 AG 83'16 in the interest of justice pending disposal of the Writ Petition, in the interest of justice Counsel for the Petitioner: SRl. GULAM RABBANT

Counsel for the Respondents: AGP FOR FORESTS The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.4 39O of 2025 ORDER: Heard Sri Gulam Rabbani, learned counsel appearing on behalf of petitioner and the learned Assistant Government Pleader for Forests, appearing on behalf of the respondents.

2. The oetitioner approached the Court seekino praver as under: "...to issue an appropriate Writ, Order or direction more in the nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in registering POR No.30/035 Dated 23-08-2024 by seizing the JOHNDEERE Tractor bearing No.AP 25 AG 8316 as illegal null void arbitrary and consequentially direct the respondents to release the IOHNDEERE Tractor bearing No.AP 25 AG 8316 to the petitioner and pass such other and further orders as this Hon'ble Court may deem fit and proper in the circumstance of the case.

3. The case of the petitioner, in brief, is that the petitioner is the owner and purchaser of the vehicle i.e., JOHNDEERE Tractor bearing No.AP 25 AG 8316. On 23.08.2024, the respondent No.5 seized the vehicle of the petitioner i.e., IOHNDEERE Tractor bearing No.AP 25 AG 8316 on the allegation that the petitioner illegally attempted encroachment of 0.41 Ha forest land of a I t I I I r 2 SN, J wP 4190 2025 Manchippa Reserve Forest in Compartment No.13B of Badsi Beat of Manchippa Section of Nizamabad (South) Range and the Forest Beat Officer, Badsi Beat, Nizamabad (South) Range, Nizamabad District, further registered a case in pOR No.30/035 dated 23.08.2024 and issued notice under Section 35(3) of BNSS to the petitioner and the said vehicle is detained with the respondent No.3. Aggrieved by the same, the petitioner filed the present writ petition .

4. It is represented by the learned counsel appearing on behalf of the petitioner that the subject issue in the present Writ petition is squarely covered by the order of this Court dated

27.06.2024 passed in W.P.No.15461 of 2024 and hence, the petitioner herein is entitled for the similar relief as extended to the petitioners in W.P.No.1546l of 2024.

5. Learned Assistant Government pleadel for Forests, appearing on behalf of respondents, however, disputes the same and submits that no doubt, this Court had passed relief to the petitioners in W.p.No.1546t of 2024, but, admittedly, as borne on record, in the present case, the petitioner had not even made any application to the respondent No.6-District Forest Officer, Nizamabad District under Section 44(3) of the Telangana Forest J SN, J wP 4390 m25 Act, 1967 seeking release of the subject vehicle and therefore, there is no cause of action for the petitioner to approach the Court by filing the present writ petition.

6. Learned Assistant Government Pleader for Forests, appearing on behalf of the respondents however submits that upon the petitioner making an appropriate application as provided under Section 44(3) of the Telangana Forest Act, 1967 to the respondent No.6, the respondent No.6 would consider the same in accordance to law, within a reasonable period and pass appropriate orders for release of petitioner's vehicle which had been seized by the concerned Forest Beat Officer of Nizambad District.

7. Section 44(1) and Section 44(3) of the Telanoana Forest Act, 1967 are extracted hereunder: "( 1) Where there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber, or forest produce, together with all tools, ropes, chains, boats, vehicles and cattle used in committing any such offence may be seized by any forest officer or police officer". "(3) Any forest officer not below Forester, who or whose subordinate rank of a seized any I I 4 SN, J wP 4190 2025 tools, ropes, chains, boats, vehicles or cattle under sub- section (1) 17tand where he makes a report of such seizure to the Magistrate under sub-section (2)l mav relea se the sa e on the executio bv the owner thereof a bond for the production of the property so released, if and when so required before the magistrate. "

8. Ta kino into consi deration a) The aforesaid facts and circumstances of the case, b) The submissions put forth by both the learned counsel appearing on behalf of the petitioner and the learned Assistant Government pieader for Forests, appearing on behalf of respondents, c) Section 44(L) and Section 44(3) of the Telangana Forest Act, 1967 (referred to and extracted above) and, d) The order of this Court dated 21.06.2024 passed in W.P.No.1546L ot 2024 The writ petition is disposed of directing the petitioner to make an appropriate application as provided under Section 44(3) of the Telangana Forest Act, 1967 to I I 5 SN, J wP 4190 2025 the respondent No.6 seeking release of the petitioner,s vehicle i.e., JOHNDEERE Tractor bearing No.Ap 25 AG 8316 seized by the Sth respondent herein duly registering POR No.3Ol035, dated 23.09.2024 against the petitioner within a period of one(1) week from the date of receipt of a copy of this order and upon receipt of the said application to be submitted by the petitioner, 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 of the petitioner seeking release of the petitioner's vehicte i.e., JOHNDEERE Tractor bearing No.AP 25 AG 8316 . However, there shalt be no order as to costs. As a sequel, the miscellaneous peutions , if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// SD/.T.TIRUMALA DEVI T REGISTRAR ASSIST i To, 1 2 3 4 5 o 7. 8. o u The Principal Secretarv T.S.,Hyderabad ECTION OFFICER Forest Department, Secretariat Buildings, Principat chief conservator of Forests, Nizamabad circre, Beat officer eaosi eeai,-i,liza;;,u'r]i?5i,1itf;i nanse, Nizamabad I["r;};l3j,fB?j, I!: !glqrl Divisionat-Officer, Nizamabad District. Ine Forest Range_Officer, t tizamaOaOlSou ii, illzamaOaO Oistrict. ;[:,,r"i'"., The Dltrict Fores_t Offier. Nizambad District. yne gg to sRt GULAM RABBAN|, novoilte topucr ,ly;":,?:"1?"3i, Two CD Coiies ' BM GJP FoR FoREsrs nisri C"L,.t'iJ,i# st,t" or reransana at -------- + I I I HIGH COURT DATED:1410212025 ORDER WP.No.4390 of 2025 CC TODAY tl1 T4 7.{: ,(t J3 1s FiB 2tr6 t 1-- ::,;ri\TCH (.o o .At' DISPOSING OF THE WRIT PETITION WITHOUT COSTS 8'b