High Court · 2025

Petition under Section 151 cpc praying that in the circumstanqes stated in the affidavit filed in support of the petition, the Hign court may be pie4sed to diLct !le_3ld 9I9 {th Regpondents to retease the JOHNDEERE Tiactor bearing No TS '16 FA 8876 pending disposat of the writ petition. rD Counsel for the Petitioner: SRI GULAM RABBANT Counsel for ttle Respondents: AGp FOR FORESTS The CoUrt made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No. 4439 ot 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 Detitioner aooroached theCourt seekino Draver as under: r. "...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.1Bl03:Z Dated 23-OB-2O24 by seizing the JOHNDEEII.E Tractor bearing No.TS 16 FA 8876 as illegal null void arbitrary and conseq uentia lly' direct the respondents to release the JOHNDEERE Tractor bearing No.TS 16 FA 8876 to the petitionei and pass such other and furth,3r 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., IOHNDEERE Tractor bearing No.TS 16 FA 8876. On 23.08.2024, the respondent No.5 seized the subject vehicle of the petitioner on the allegation that the petitioner erttempted encroachment of 0.43 Ha forest land of SN. J wP u39 2025 Manchippa Reserve Forest in Compartment No.136 of Doosgaon 2 Beat of Manchippa Sectlon of Nizamabad (South) Range. It is further the case of the petitioner that the Forest Beat Officer, Badsi Beat, Nizamabad (South) Range, Nizamabad District, registered a case in POR No.1Bl032 dated 23.08 .2024 and issued notice under Section 35(3) of BNSS to the petitioner and further, detained the said vehicle by the respondent No.3. Aggrieved by the same, the petitioner filed the present writ petition.

4. It is represented by the learned counsel appeadhg on behalf of the petitioner that the subject issue in the present Writ petition is squarely covered by the order of this Court dated 2L.06.2024 passed in W.P.No.1546l of 2024 and hence, the petitioner herein is entitled for the similar relief as extended to the petitioners in W.P.No.15467 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.1546l 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 aaQ) of the Telangana Forest .*-.' -,,r,'qd|l &a - -- iillg:,:;e,:::,i{l Y r 3 sN, l \r,P 4439 2025 Act, 1967 seekirrg release of the subject vehicle and therefore' there is no cau:se of action for the petitioner to approach the Court by filing tlre 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 accorrlance 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 F Section 44 (1) a dSe ion 44(3) of the Tel anq ana A 19 7 ate xtra h n "(1) Where there is reason to believe that a forest offence has been committed in respect of any timber or forest proclLlce, 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 wP 4439 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 propefty so released, if and when so required before the magistrate." T kirt into consideratio a) The aforesaid facts and circumstances of the case, b) The submissions put forth by both the lea.rned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests, appearing on behalf of respondents, c) Section 44(1) and Section 44(3) of the Telangana Forest Act, 7'967 (referred to and extracted above) and, d) The order of this Court dated 2L.O6.2O24 passed in W.P.No.1546L of 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 the respondent No.5 seeking release of the petitioner's vehicle i.e., JOHNDEERE Tractor bearing No.TS 16 FA 8876 seized by the 5th respondent herein duly registering PoR 5 SN, J \r\P 4439 2025 No.18/O32, clated 23.OA.2024 against the petitioner within a period of one(Ol) week from the date of receipt of a copy of this order and upon receipt of the said application to be submitted by the petationer, 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 vehacle i.e., JOHNDEERE Tractor bearing No.TS 16 FA 8876 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. SD/-A.V.S. PRASAD TANT REGISTRAR AS //TRUE COPY// ON OFFICER

1. 2 3 4 5 . The Principal Secretary, Forest Depqrtment' Secretariat Buildings' +il:iffiftldf,l'J?f: ;:iT'Y'3?ton,"*,ro, or Forests, Nizamabad circre' Nizamabad Distticl. iriJi,itioi oi"liional officer' Nizamabad District +iiE i;;;;i ilin.,]u om"ut, r'r t"mio'o1sou.th)' Nizamabad District' +h; F;;;iij6"t"oric.r, o"dsdaon Beit, Nizbmabad (south) Ranse' Nizamabad District, iff'D[ir"t Foii,.t otti"ur, Nizamabad District-- -..^. d; E6"to'sii i:uiAvt nnaeANl, Advocate {oPUC.l i,;; d;.'i" di Fotn ronel"is.'H0[ c;J|,t fbr tne State of relansana, at Hyderabad. [O|.JT] Two QD CoPies I I To 6 7 I I PSK. BS HIGH COURT DATED:1410212025 ORDER WP.No.4439 of 2025 CC TODAY 1\{t- ,rr r.4 f G. ( ,} i $4 t{rq 26 P c) * -r" l'-O t DISPOSING OF THE WRIT PETITION WITHOUT COSTS )...---: \