✦ High Court of India · 05 Mar 2025

The High Court · 2025

Case Details High Court of India · 05 Mar 2025
Court
High Court of India
Decided
05 Mar 2025
Bench
Not available
Length
1,015 words

...RESPONDENTS Petition under Articre 226 oI the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ. order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the respondents No. 3 and 4 in registering the forest crime No. 96/oRVami/2024-2s, Dared 24.02.202s by seizing the 1. Eicher Tractor bearing No. Ap15AW6471 , cHASSrs No. 930415258724 2. Tractor Bearing No.TS.16.UC.772r with chassis No. I I j CDADBBR2S5SSOasillegal'null,void,arbitraryandconsequentiallydirectthe respondents to release the above vehicles to the petitioners' IA NO: 1 OF 2025 Petition undor section 151 CPC praying that in the circumstances stated in the affidavit filed ir support of the petition, the High Court may be pleased to direct the 3rd and 4th Respondents to release 1. Eicher Tractor bearing No' AP1 5AW6471, C[1ASS|S NO. 930415258724 2' Tractor Bearing No.TS.16.UC.7727 tuith chassis No. GDADBBR285590, pending disposal of the writ petition. Counsel for the Petitioner : SRI K.DURGA PRASAD Counsel forthe Respondents: ASST.GP FOR FORESTS The Court made the following: ORDER vu,bd HON'BLE MRS- JUSTICE SUREPALLI NANDA WRIT PETITIO N No.6523 of 2025 ORDER: . Heard Sri K. Durga prasad, learned counsel appearing on behalf of the petitioners and the tearned Assistant Government Pleader for Forest, appearing on behalf of the respondent Nos.1 to 4. 2 The petitioners approached the Court seeking prayer as under: "...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos.3 and 4 in registering the forest crime No. 96/OR/Varni/2O24-25, Dated 24.02.2025 by seizing the 1. Eicher Tractor bearing No. AP15AW6471, CHASSIS NO. 930415258724 2. Tractor Bearing No.TS.16.UC.7727 with chassis No. CDADBBR285590 as illegal, null, void, arbitrary and consequentially direct the respondents to release the above vehicles to the petitioners and to pass...".

3. The case of the petitioners, in brief, is that the petitioners are the registered owners of Eicher Tractor bearing No. 2 wP 6523 2025 AP.15.AW.64;'1, Chassis No. 930415258724, 2' bearing No. l-S;.16.UC.7727 with Chassis No' CDADBBR2B5590' The respondent No.4 seized the said vehicles alleging that the Tractor petitionershaveillegallytrespassedintoreserveforestlandand tried to encroach into reserve forest land area of 0'38 Ha of land and forest offir:ials registered a crime on the file of FRO, Varni No. 96/OR/Verni/2024-25, dated 24.02.2025' Aggrieved by the same, the petitioners filed the present writ petition'

4. Learnecl Assistant Government Pleader fcr 'Forest, appearing on behalf of the respondents submits that the petitioners herc not filed any application to the respondent Nos'3 and 4 seerking release of the subiect vehicles i'e', AP.15.AW.6471, Chassis No. 930415258724, 2 Tractor bearing No. TS.16.UC .'7727 with Chassis No. CDADBBR2B5590

5. It is represented by the learned counsel appearing on behalf of the earned Assistant Government Pleader For Forests that the sultject issue in the present writ petition is squarely covered by th,e order of this Court dated 13.02.2025 passed in W.P. No.408() of 2025, hence, the present writ petition could be disposed of in terms of the aforesaid order. E wP 6523 2025

6. Learned counsel appearing on behalf of petitioners does not dispute the submissions made by the learned Assistant Government Pleader for Forests.

7. Takinq into consideration: (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned Assibtant Government Pleader for Forests, appearing on behalf of the respondents and the learned counsel appearing on behalf of the petitioners, (c) The fact that the petitioners had not filed any application before the competent authority seeking release of the subject vehicles as on date, The writ petition is disposed of directing the petitioners to make an application as provided under Section 44 (l) and (3) of the Telangana Forest Act, L967 to the respondent No.2 herein within a period of one (1) week from the date of receipt of a copy of this order and upon the petitioners submitting an application to the I I 4 wP 6523 2025 respondent Nos.3 and 4 herein, seeking release of the subject vehicles within a period of one (1) week from the date of receipt of a copy of this order, the respondent Nos.3 and zl shalt consider the same and pass appropriate orders in accordance to law, within a period of one (l) week thereafter and dury communicate the decision on the said apgrlication to the petitioners. However, there shall be no order as to costs. The mis:ellaneous applications, if any pending, shall stand closed. //TRUE COPY// ASSI . AMMAJI GISTRAR SD/. K qTANT RE I i\..- - \becrroru oFFtcER To, Hyderabad.

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

2. The Forest Divis onal Officer, Nizamabad, Nizamabad District' 3. The Forest Range Officer, Varni, Nizamabad. Dis^trict. 4. The Forest Beat-Officer, Madipalli (S), Chandur Section, Varni Range, Nizamabad District.

5. One CC to SRI i'IDURGA PRASAD, Advocate. [OPUC] 6. Two CCs to GP FOR FORESTS, High Court for the State of Telangana'

7. Two CD Copies. touTl BSK ,c_ =t--=- I CC TODAY 1l q;- STAr6 1: /:, t^ \c \:', 2 4 rrr[R 2[25 i, t'r--.f lI '"" ' ; t, HIGH COURT DATED:0 510312025 ORDER WP.No.6523 af 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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