High Court · 2025

Petition under Article 226 ot 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 or order or direction more particularly one in the nature of Writ of Mandamus i) To declare the inaction of Respondent No.1 in registering, expeditiously hearing and disposing of the statutory appeal dated 1310212O25 liled by the petitioner under Section 44(2D) of the Telangana Forest Act, 1967 challenging the proceedings dated O4lO2l2O25 passed in Rc. No. 2212O25152 by Respondent No.2, wherein the respondent No.2 ordered confiscation of the vehicles viz., 2 Tippers Bearing Nos TS07UH7961 (Chassis No MEC24168DKP085086) and TS07UH7964 (Chas is No. MEC24168EKP085250) erial No. YC14505245 to the and Kobeloc Hitachi, Model No.SK380XDL-10, state as per powers delegated under Section 44 (2-A) of the Telangana Forest Act, 1967 and rules made thereunder is as arbitra , illegal and violative of Section 44(2D) of the Telangana Forest Act, 1967 aparlt m being violative of Article 300- A of the Constitution of lndia, ii) Consequently, irect the Respondent No.1 to register, call for records from the respondent No.2, expeditiously hear and dispose of the statutory appeal dated 1310212025 filed challenging the proceedings dated 0410212025 passed. in Rc. No. 2212025152 by Respondent No.2 and to grant temporary/ interim custody of the above said confiscated vehicles and machinery till the disposal of the above said statutory appeal. 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 respondents to grant interim custody of the confiscated vehicles viz., 2 Tippers Bearing Nos. TS07UH7961 (Chassis No. MEC2416BDKP0850B6) and TS07UH7964 (Chassis No. MEC24168EKP0B5250) and Kobeloc Hitachi, Model No.SK380XDL-10, Serial No. YCl 4505245 belonging to the petitioner on such conditions as this Honourable Court deem fit and proper pending disposal of the Writ Petition Counsel for the Petitioner: M/S SUMITH RAJ Counsel forthe Respondents: AGP FOR FORESTS The Court made the following: ORDER HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION o.5892 ()F zlJ25 ORD ER: Heard Sri R.S. Sumith Raj, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.1 and 2.

2. The petitioner approached the Coutt seeking prayer as under: ...to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus (i) To declare the inaction of Respondent No 1 in registering expeditiously hearing and disposing of the statutory appeal dated 73102/2025 filed by the petitioner under Section 44(2D) of the Telangana Forest Act, 1967 challenging the proceedings dated O4lO2l2O25 passed in Rc.No.22/2025/52 by Respondent No.2 wherein the respondent No.2 ordered confiscation of the vehicles viz 2 Tippers Bearing Nos. TS07UH7961 (Chassis No. MEC2416BDKPOB50B6) and TS07UH7964 (Chassis No.MEC2416BEKPOB5250) and Kobeloc Hitachi Model No.SK38oXDL-10, Serial No. YC14505245 to 2 wP 5892 2025 the state as per powers delegated under Section 44 (2-A) of the Telangana Forest Act, 7967 and rules made thereunder is as arbitrary, illegal and violative of Section 44 (2D) of the Telangana Forest Act, L967 apart from being violative of Article 300-A of the Constitution of Ind ia; (ii) Consequently, direct the Respondent No.1 to register call for records from the respondent No.2, expeditiously hear and dispose of the statutory appeal dated 73/0212025 filed challenging the proceedings dated 04/0212025 passed in Rc. No. 22/2025152 by Respondent No.2 and to grant temporary/interim custody oF the above said confiscated vehicles and machinery till the disposal of the above said statutory appeal and; (iii) and pass...".

3. The case of the petitioner, in brief, is that the petitioner is engaged in the business of agriculture and its allied activities. The petitioner acquired large tracts of agricultural land admeasuring Ac.58.03 guntas in Sy.No.25B, 2Sg, 260, 262, 263 and 266 situated at Vemnoor Village, Mahabubabad Mandal, Mahabubad District. The petitioner applied for installation of crusher in land admeasuring Ac.7.Ll guntas in .J) 3 wP 5892 2025 Sy.No. 263/A7/L before tlre office of the Assistant Director, Mines and Geology, Mahabubabad' The Forest Range Officer, Mahabubabad issued a notice dated 15.07.2024 alleging that the petitioner had entered into Forest compartment Nos.1191 and 1192 within Vemnoor Forest Beat, Eedula Pusapally Section, Mahabubabad Forest Range. The petitioner submitted reply dated 20'07'2024' stating that the petitioner had got the boundaries fixed' However, the Forest Range Officer, Mahabubabad directed the petitioner to stop ali activities over the subject property pending survey and demarcation' The Deputy Inspector of Survey conducted a joint survey and submitted a report vide letterdated03,lO.2024,confirmingthatthesubjectproperty is classified as patta land as per Revenue Records' The Forest Range Offlcer, Mahabubabad Mandal has again issued a letter dated 17.10.2024 stating that the said lands are forest lands and directed the petitioner to stop all activities over the subject Property' 3(i). It is further case of the petitioner that the respondent No.2 issued proceedings dated 04'02'2025 confiscating 2 Tippers Bearing Nos. TS07UH7961 (Chassis No' 4 wP 5892 2025 MEC2416BDKP0B5086) and TSO7UH7964 (Chassis No.MEC2416BEKpOB5250) and Kobeloc Hitachi Model No.SK3BOXDL-10, Serial No. yCt45O5Z45 to the State. Aggrieved by the proceedings dated 04.02.2025 passed by the Authorized Officer and Forest divisional Officer, Mahabubabad District, the petitioner filed a statutory appeal before the respondent No.1 under Section 44 (2D) of the Telangana Forest Act, 1967. The respondent No.1 failed to register the said appeal. Aggrieved by the said action of the respondent No.1, the present writ petition is filed. 4 o h s t he G ern s n t sin a r re ord hea peal Dre 2 o2s asr rred bv theoetition rda ted t e f M ndam us ca nnot e tss ed.

5. The learned counsel appearing on behalf of the petitioner submits that since the vehicres confiscated are the vehicles through which the petitioner does agricultural 5 wP 5892 2025 activities, it is just and necessary that the appeal preferrecl by the petitioner needs to be disposed of expeditiously. 6, Takinq into consideration : (a) The aforesaid facts and circumstances of the case, (b) The submissions of the learned counsel appearing on behalf of the petitioner and tearned \ \ Assistant Government Pleader for Forests, (c) The fact as borne on record that the appeal preferred by the petitioner dated 13.02.2025 against the order dated O4.O2.2025 passed in Rc.No. 22120251 52 is pending for final adjudication and disposal before the 1d respondent. The writ petition is disposed of directing the lst respondent to consider and dispose of the appeal preferred by the petitioner under Section 44 (2D) of the Telangana Forest Act, L967 challenging the proceedings dated 04.02.2O25 vide Rc.No.22l202515.2 issued bY 2"o respondent on merits by passing appropriate orders deciding the subject issue, within a period of four (O4) 6 wP 5892 2025 c weeks from the date of receipt of a copy of the order, in accordance to law, in conformity with principles of natural justice by providing a reasonable opportunity of personal hearing to the petitioner. However, there shall be no order as to costs. i As a sequel, the miscellaneous petitions, if any, pending in the Writ petition shall also stand closed SD/-MOHD. ISMAIL REGISTRAR //TRUE COPY// trjJON OFFICER To, 1 2 3 4 The Chief Conserva tor of Forests, Bhadradri Circle' The Authorized Offic er and Forest Divisional Officer , Mahabubaba d. One CC to M/s. Sumith Raj' Advocate [OPUC] Two CCs to GP for Forests, High Court for the State of Telangana, at Hyderabad [OUT]

5. Two CD CoPies TJ BS YY HIGH COURT CC TODAY DATED:2710212025 ORDER WP.No.5892 of 2025 viE ST 4IS 1 q J 18 ilAn zoz5 Z i DE sp /,\ (. Yo-t' * DISPOSING OF THE WRIT PETITION WITHOUT COSTS € .(ft& W ifl&'