Boda Madhu v. 'l . The State of Telangana

Counsel for the Petitioner: SRI POTU PAVAN CHOWDARY Counsel forthe Respondents: GP FOR FORESTS The Court made the following: ORDER 1, THE HON'BLE SRI JUSTICE PULLA I{ARTHIK W.P.No.1OO22 of 2025 OP.DER: With the consent of both the parties, this writ petition is taken up for disposal at the stage of admission.

2. The writ petition is filed with the following prayer: "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 Nos.3 and 4 in high handedly taking away the vehicle of the petitioner i.e., Tractor vide registration No AP 36 AK7727 in connection with the alleged offence in POR No.33/OR l2O2425|KRP dated 20 09.2024 and holding in custody as illegal, arbitrary, null and void alrd in violation of principles of natura-l justice and Articles 14, 2L , and 3OOA of the Constitution of India and consequently direct the respondent No.3 to release the vehicle of the pelitioner i.e., Tractor vide registration No AP 36 AK 7727 forthwith".

3. Heard the learned counsel for the petitioner and the learned Government Pleader for Forests and perused the record.

4. According to the petitioner, he is the owner of subject Tractor vide registration No.AP 36 AK 7727 and letting the same on hire I basis to customers and out of the amounts derived therefrom, he was repaying the loan and also eking his livelihood. It is further 2 stated that the petitioner has employed one Gunrrnadi Anasurya (A1) to do ploughing and dozing u,ork at R&B Road nr:ar Bajumalaigudem village on 20.9.20|24. While so, the Forest Beat C)fficer, Ramgapuram Beat along wrrh orher officers approached the petitioner and seized the subject vehiclr: under Sections 20( l )(c)(ii)(iii) of Telangana Forest Act, 1967 and Section 3 of PDPP Act vide POFI No.33/ORl2O24- 25/KRP dated 2O.9.2O24 on the ground that the petitioner has committed offence by illegally encroaching into forr:st land.

5. The learned counsel for the petitioner submtts that the vehicie of the petitioner was kept under the custody of r-e:spondents and no further investigation is going on except filing formal charge sheet and that the vehicle is lying idle and deteriorating arLd causing further damage to the l'ehicle. The learned counsel further states that in similar circumsternces, a Division Bench of this C'c,urt vicle judgment dated 22.8.2023 in W.A.No.838 of 2023, passed ()r:ders directing the respondents therein to release the vehicle on certeLin conditions.

6. In view of the same and following the jtLctgment passed in W.A.No.838 of 2023 dated 22.8.2023, this wrir_ petrtion is also disposed of in terms thereof, directing the responrl:nts to release the 3 vehicle of the petitioner viz., Tractor vide registration No.AP 36 AK 7727, subject to the following terms a-nd conditions:

1. The petitioner shall furnish a bond for a sum of Rs.50,000/- (Rupees hfty thousald only) with two sureties for a likesum each to the satisfaction of respondent No.2.

2. The petitioner, in addition, shall file an alhdavit before the said Officer stating that he shall not alienate, encumber or transfer, in aly manner, the Tractor vide registration No.AP 36 4K7727.

3. The aforesaid affidavit shall be filed within a period of four weeks from today.

4. The petitioner shall also furnish an undertaking he shall produce the aforesaid Tractor as and when directed by the respondent No.2. Miscellaneous applications, if any, pending in this writ petition stand closed. //TRUE COPY// SD/.A.V.S. PRASAD PUTY REGISTRAR ECTION OFFICER I To, 1 The PrinciPal Secretary, Forest Hyderabad' State of Telangana' Department, Secretariat buildings'

2. The District Forest Officer, Khammam' Khammam City and District 3. The Forest Divisional Officer' Khammam District' 4. The Forest Range Officer, Khammam range' Khammam City and District' 5. One CC to SRI POTU PAVAN CHOWDARY' Advocate IOPUCI 6. Two CCs to GP FOR FORESTS' High Court for the State of Telangana at Hyderabad [OUTI

7. Two CD CoPies BSR BS v HIGH COURT DATED:0310412025 i I ORDER WP.No.10022 of 2025 ,6 i',(- '1 rr,E SI.irc c^ 0 rl AFit Z0Z5 C ,,, \ \ \" .tn.r^ DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,/2 . ,t5 ? ?/n ./t5