[\,4udavath Kaika v. The State of Telangana

Petition under Article 226 o'f lhe 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 in the na of Writ of Mandamus declaring the action of the respondents No 3 and 4 in register in POR No 19/032 Dated 2310812024 by seizing the MAHINDRA Tractor bearing No TS 16 UC 8334 as illegal null void arbitrary and consequentially direct the respondents to release the MAHINDRA Tractor bearing, No TS 16 UC 8334 to the petitioner. lA NO: 1 OF 2025 Petition under Section '1 51 CPC praying thdt in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to I 7 direct the 3rd and 4th Respondents to release the MAHINDR A Tractor bearing No TS 16 UC 8334 pending disposal of the writ petition. Counsel for the Petitioner : SRI GULAM RABBANI Counsel for the Respondents: ASST.GP FOR FORESTS The Court made the following: ORDER HON,BLE MRS' JUSTICE SUREPALLI NANDA w RIT PETITIONN o 4398 of 20 5 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' n r a h t o f e 2 Th as under: "...to issue an appropriate Writ' Order or direction more in the nature of Writ of Mandamus declaring the actionoftherespondentsNo.3and4inregisteringPoR No.19/032 Dated 23-OB-2024 by seizing the MAHINDRA Tractor bearing No TS 16 UC 8334 as illegal null void arbitrary and consequentially direct the respondents to release the MAHINDRA Tractor bearing No'TS 16 UC 8334 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 ts the owner and purchaser of the vehicle i'e'' MAHINDRA Tractor bearing No.TS 16 UC 8334' On 23'08'2024' the respondent No'5 seized the subject vehicle of the petitioner on the allegation that the petitioner attempted encroachment of 0'39 Ha forest land of \ ' *n orlrl lr. Manchippa Reserve Forest in Compartment No.136 of Doosgaon Beat of Manchippa Section of Nizamabad (South) Range. It is further the case of the petitioner that the Forest Beat OFficer, Badsi Beat, Nizamabad (South) Range, Nizamabad District, case in pOR No.191032 dated 23.08.2024 and issued notice under Section 35(3) of BNSS to the petitioner and further, the said vehicle was detained by the respondent No.3. Aggrieved by the same, the petitioner filed the present writ registered a 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 21.06.2024 passed in W.p.No.1546t of 2024 and hence, the petitioner herein is entifled for the similar relief as extended to the petitioners in W.p.No.1546t of 2024. 5. Learned Assistant Government pleader 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.1S46t of 2024, but, admittedly, as borne on record, in the present case, the petitioner hacr not even made any application to the respondent No.6_District Forest Officer, Nizamabad District under Section aae) ot the Telangana Forest 1 SN, J wP 4198 2025 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) ot 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 A 1 6 r e "(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". rank of a "(3) Any forest officer not below Forester, who or whose subordinate seized any tools, ropes, chains, boats, vehicles or cattle under sub- 4 SN. J \\,? 4398 2025 section (1) and where he makes a report of such seizure to the Magistrate under sub-section (2)l mav release the same on the execution bv the owner thereof a bond for the production of the property so released, if and when so required before the magistrate."

8. Takinq into consideration: 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 Pteader for Forests, appearing on behalf of respondents, c) Section 44(L) and Section 44(3) of the Telangana Forest Act, L967 (referred to and extracted above) and, d) The order of this Court dated 2t.O6.2O24 passed in W.P.No.1546L ot 2O24, The writ petition is disposed of directing the petitioner to make an appropriate application as provided under Section (3) of the Telangana Forest Act, 1967 to the respondent No.6 seeking release of the petitioner's vehicle i.e., MAHINDRA Tractor bearing No.TS 16 UC a334 seized by the 5th respondent herein duly registering POR ) SN. J wP 4398 2025 No.19/O32, dated 23.OA.2024 agaanst 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.6 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 vehicle i.e., MAHINDRA Tractor bearing No.TS 16 UC 8334 to the petitioner herein. 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/.MOHD. ISMAIL ASSIS ANT REGISTRAR ECTION OFFICER To,

1. The Principal Secretary, Forest Department, Secretariat Buildings, State of Telangana, Hyderabad.

2. The Additional Principal Chief Conservator of Forests, Nizamabad Circle, Nizamabad District.

3. The Forest Divisional Officer, Nizhmabad District. 4. The Forest Range Officer, Nizamabad(South), Nizamabad District. 5. The Forest Beat Officer, Doosgaon Beat, Nizamabad (South) Range, Nizamabad District.

6. One CC to SRI GULAM RABBANI, Advocate. [OPUC] 7. Two CCs to GP FOR FORESTS, High Court for the State of Telangana.

8. Two CD Copies. BSK GJP / 7,,'. HIGH COURT DATED:1410212025 CC TODAY ( o o \ El{'t STA 16: y Z IJ' 0 4 t''Af ?[fi * D 2S ,l ,o ORDER WP.No.4398 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS // /,2 "/9,/l/