High Court · 2025

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 declaring the action of the respondents, particularly respondent No.4 in high handedly seizing the vehicte of the petitioner i.e. JCB vide registration No. TS 04 FG 0964 under the pretext of poR No. g1toV2oz4- 25 Dt.08-01-2025 and holding in custody of respondent No.3 as iltegal, arbitrary, null and void and in violation of principles of natural justice and arlicles 14,21 and 300-4 of the constitution of lndia and consequenfly direct the respondent No.3 to release the vehicle of the petitioner i.e. JCB vide registration No. TS 04 FG 0964 forthwith l l : lA NO: 1 OF 202s 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 Respondents to release the vehicle of the petitioner i.e. JCB vide registration No. TS 04 FG 0964, pending disposal of the above writ petition Counsel for the Petitioner: SRl. TARUN RAM AITHAM Counsel forthe Respondents: AGP FOR FORESTS The Court made the following: ORDER f- HON,BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.4572 of 2O25 ORD ER: . Heard Sri Tarun Ram Aitham, learned counse! appearing on behalf of the petitioner, learned Assistant GovernmentPteaderforForests,appearingonbehalfof respondent Nos'1 to 4.

2. The petitioner approached the Court seeking prayer as under: "...to issue a Writ, order or direction more pafticularly one in the nature of Writ of Mandamus declaring the action of the respondents, particularly respondent No'4 in high handedly seizing the vehicle of the petitioner i'e' ICB vide registration No.TS 04 FG 0964 under the pretext of POR No. 91/OR/2024-25, Dt 0B-01-2025 and holding in custodv of respondent No.3 as itlegal, arbitrary, null and void and in violation of principles of natural justice and articles 14' 21 and 300-4 of the Constitution of india and consequently direct the respondent No.3 to release the vehicle of the petitioner ie. ICB vide registration No'TS 04 FG 0964 forthwith and Pass-..". PE ED HE

3. The learned counsel appearing on behalf of the petitioner submits that the petitioner is entitled to the relief as extended in -.Jj 2 SN, J wP 4572 2025 the order dated 22.08.2023 passed in Writ Appeal No'B3B of 2023 against the order dated 19.07.2023 passed in W'P' No' 17776 of 2023. 4, The learned Assistant Government Pleader for Forests furthersubmitsthatthepetitionerisnotentitledforthesaid relied as extended vide order dated 22'08'2023 passed in Writ Appeal No.B3B of 2023 since the petitioner did not file any application as on date under Section 44 of the Telangana Fgrest Act, 1967 before the 2nd respondent and therefore the petitioner may be directed to submit a detailed explanation seeking release ofthesubjectvehicleofthepetitioneri.e.JCBvideregistration No.TS 04 FG 0964 to the 2nd respondent herein and the 2nd respondent may consider the same as per Section 44 (3) of the Forest Act, 1967. Section 44 (1) and 44 (3) of the Forest Act' 1967 reads as under: "44. (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. 1 , -ry -) SN. J wP 45',72 2025 (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-section (1) 17land where he makes a report of such seizure to the Magistrate under sub-section (2)l may 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".

5. The learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the learned Assistant Government Pleader for Forests'

6. Ta rno IN considerati on (a) The facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests, (c) The fact that the vehicle of the petitioner i'e' JCB vide registrataon No.TS 04 FG 0964 had been seized by the respondent No'3 and is in custody of respondent No'3 in view of POR No' }L/OP./2O24-25 dated O8'O1'2O25 till as f , on date. l SN, J wP 4572 2025 \ (d) Section 44 (t) and 44 (3) of the Forests Act, 1967 (referred to and extracted above), The writ petition is disposed of directing the petitioner to make an apptication seeking release of petitioner's subject vehicte i.e. JCB yide registration No.TS O4 FG 0964 before the 2nd respondent herein within one (1) week from the date of receipt of a copy of this order. Upon submission of such apptication by the petitioner, the 2nd respondent is directed to consider the same in accordance to taw, in conformity with principles of natural justice and pass appropriate orders by giving an opportunity of personal hearing to the petitioner, within one (1) week thereafter. As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also stand closed. SD/.P. PADMANABHA REDDY SI TANT REGISTRAR //TRUE COPYII ECTION OFFICER To, T. S.. Hvderabad

1. The Principal Secretary, Forest Department, Secretariat buildings, 2. The Diitrict Forest Officer, .Khammam, Khammam city and district. 3. The Forest Ranoe Officer, Khammam'range, Xhimham city anO Oistrict 4. rhe Deourv Ran'oe officei, ari;piidi ;d;i;'":'ciiiiiilagurt6y'b;;i;;;;;i: ! 9nu CC to SRt. TARUN B^U 41T1141,4, Advocate topucl 6 Jqo CCs to CC ToDAy ron rOnESiS fri6i-c-olrt rol. the State of _ Telan_gan_a at Hyderabad IOUTI 7. Two CD Copies No.45, Khdmmaft. - -- g BM BS , CC TODAY HIGH COURT DATED:1710212025 ORDER WP.No.4572 of 2025 \ \ ) .) .J ytE SIap 25FiB M > a + o \.- DISPOSING OF THE WRIT PETITION WITHOUT COSTS cg"("'W I €