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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus by declaring the action of the Respondent No.3 and 4 in not releasing the petitioners Vehicle i.e., MAHINDRA ARJUN NOVA Temporory Registration No. TYR(TS-1 B-J-1792) (RC) No. TS18J1792, Modet- 2024, Chassis No. MBNWHBDB5PNE00478, Engine No. NPE4WWEO1O1 and Fitted with Front Blade and Rear M.B. Plough, Red Colour seized in POR no. 221 0N2O24-25, Dated-'l 4. 1 0. 2024 Khanapur POR No. 1 g 1 21 1 5 D ated-1 4.1 0.2024 is nothing but illegal, arbitrary, abuse of process of law, violation of principles of natural Justice and contrary to the Judgments of the Hon'ble Supreme Court and this Hon'ble Court and the consequently direct the Respondent No. 3 and 4 to release the petitioners Vehicle ie., MAHTNDRA ARJUN NOVA Temporary Registration No. TYR(TS-18-J-1792) (Rc) No. TS18J1792, Model-2024, Chassis No. MBNWHBDB5PNE0047B, Engine No. NPE4WWE0101 and Fitted with Front Blade and Rear M.B. Plough, Red Colour seized POR no.2Z|ON2O24-25, Dated- 14.1O.2024 Khanapur POR No. 1912115 Daled-14.10.2024, in the interest of Justice. 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 Respondent No.4 to release the petitioners Vehicle i.e MAHINDRA ARJUN NOVA Temporory Regrstration No. TYR(TS-18-J-i792) (RC) No. TS18J1792, lilodel -2024, Chassis No. MBNWHBDB5PNE0047B, Engine No NpE4WWE0.l 01 and Fitted with Front Blade and Rear M.B. Plough, Red Colour seized pOR no. 221OR12024-25, Dated-14.1O.2024 Khanapur pOR No. 1gj2l1S Dated- 14.1O.2024, forthwith, in the interest of Justice pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI POLAMPELLI RAJU Counsel for the Respondent Nos.1 to 4: GP FOR FORESTS Counsel for the Respondent No.5:-- The Court made the following: ORDER THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.743O OF 2o25 ORDER: With the consent of both the parties, this Writ petition is taken up for disposal at the admission stage itself.

2. This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: "...to issue an appropiate Writ, Order or Direction, mori partianlarlg one in tlle nature of Writ of Mandqmus bg declaring the actton oJ the Respondent No.3 and 4 in not releasing the petittoner,s Vehicle i.e., MAHINDRA ARJUN NOVA Temporiry Registration No.TYR(TS- 18J- 1 792) (RC) No.T518J1792, Modet: ,O24, Chassis Na.MBNWHBDB1PNEOO4TS, Engine No.N?E4WWEOlOl and Fitted ttith Front Blad.e and Rear M.B. Ptough, Red Colour seized in pOR no.22/ OR/ 2024-25, Dated- 14.1O.2O24 Khanapur pOR No.1912/i5 Dated 14.1O.2024 is nothing but illegat, arbttrary, abuse of process of low, uiolation of pinciples of natural Justice and conirary to thl Judgments of the Hon'ble Supreme Court and this Hon,ble Court qnd. th.e consequentlg direct the Respondent No.3 and 4 to release the pet[tioner's Vehicle i-e-, MAHINDRA ARJUN NOVA Temporarg Registration No.TYR(TS- 1 8-J- I 292 ) (RC) No.TS 1 8J I 792, Modei: 2O24, Chassis JVo.MBIVWHBDBSPNEOO4 78, Dngine No. NpE4WWEO 1 O 1 and Fitted. uith Front Blade and Rear M.B. ptougt\ Red Colour seized. pOR no.22/ 0R/ 2O24-25, Dated 14.10.2024 Khanapur pOR No.t912/15, Dated 14.1O.2024, in the interest of Justice and pass...,

3. Heard Sri Raju Polampelli, learned counsel for the petitioner and Iearned Government Pleader for Forests for the respondents.

4. Learned counsel for the petitioner submits that the petitioner vehicle i.e., Mahindra Arjun Nova, temporar;r 2 I'K,J wp 7a3O 2025 registration No TYR(TS- 1 8-J-l7g2l was seized in P'O'R' No.22lORl2024-25, Dated 14-IO.2024 Khanapur P O'R' No.l912/15 Dated 14.1O.2024 for the alleged offence under Sections 2,7(b\.2o(i) (c) (ii), (iii), (iv), (vii), (ix)' (x)' 29' 44 (t\' 53 of T.S. Forest Act, 1967, punishable under Sections 20(1)(ct), 2g(41(bl of T.S.Forest AcL, 7967, under Section 9 read withSection5lofWildLifeProtectionAct,lg72andunder Section 2(ii) of Forest Conservation Act, 1980' It is further submittedthatinsimilarcircumstances,thisCourtin W.P.No.4O8O of 2025, dated 13'O2'2025' directed the petitioners therein to make an application under Section 44(1) and (3) of Telangana Forest Act, 1967 ' for release of subject vehicles and directed respondent No'2 therein to pass appropriate orders strictly in accordance with law' Hence' learncd counsel prays this Court to permit the petitioner to make an application to respondent No'2 and respondent No'2 maybedirectedtoconsiderthesameandpassappropriate ordeis, '*'ithin a stipulated period of time'

5. Learned Government Pleader for the respondents submits that upon receiving appropriate application from the I 7/.- 3 PK,J wp 7a3O 2O2- petitioner, respondent No.2 will consider the same ald pass appropriate orders, in accordance with law.

6. Having regard to the submissions made by learned counsel for the respective parties and for the reasons alike in the order, dated 13.O2.2025 in W.P.No.4O80 of 2025, this Writ Petition is disposed of permitting the petitioner to make an application under Section 44(ll and (3) of Telangana Forest Act, 1967, before respondent No.2, seeking release of vehicle, within a period of one (1) week from the date of receipt of a copy of this order. Upon receipt of sucir an application, respondent No.2 is directed to consider the same and pass appropriate orders, strictly in accordance with law, as expeditiously as possible, preferably within a period of two (2) weeks therefrom and communicate a copy thereof to the petitioner. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. //TRUE COPY// SD/-A.V.S.PRASAD ASSI TANT REGISTRAR ECTION OFFICER To, 1 The Principal Secretary, Forest Department, Secretariat, Ambedkar Bhavan, Hyderabad, The State of Telangana, TS. 2 J 4 5 q4", JJ- The District Forest Officer, Nirmal District. The Forest Divisional Officer, Khanapur Division, Khanapur The Forest Section officer, Khanapur Forest Office One CC to Sri Polampelli Raju, Advocate [OPUC] Two CCs to GP for Forests, High Court for the State of Telangan, at Hyderabad [OUT] Two CD Copies I HIGH COURT CC TODAY DATED:1110312025 ORDER WP.No-7430 of 2025 Sg I 4 € .)tl o 13 [f,n 216 z !) * D,!tir,TC-\ rr:.o * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \9