High Court · 2025

Jangaon District. ...REspoNDENTs Petition under Article 226 ol 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 a Writ of Mandamus declaring the aclion of respondents in issuing impugned Proc.No.9221202'tlM9, dated 19.08.2021 reiecting the appeal petition of the petitioner and consequential rejection vtde Proc.No 8971 12021lProd.1, dated 16.05.2023 rejecting the revision petition of the petitioner and upholding the orders issued by the chief conservator of Forests/conservator of Forests, warangal as arbilrary, illegal and against the principles of natural justice and set aside the same as there are no merits lA NO: 't OF 2023 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 suspend the operation of impugned Proc.No.9221202'1l1V9, dated 19 08.2021 third respondent and consequential rejection vile issued by Proc. No.897'1/ 2021lProd.1, dated 16.05.2023 issued by second respondent and further direct the respondents to invoke the license of the petitioner charcoal depot, pending disposal of the above writ petition Counsel for the Petitioner: SRI GUNDRATI RAMAN GOUD Counsel for Respondents: GP FOR FORESTS The Court made the following: ORDER -) t ORDER: HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITI ON No.14 250 ()F 20 23 Heard Sri G. Raman Goud, learned counsel appearing on behalf of the petitioner and learned Government Pleader for Forests, appearing on behalf of respondent Nos.1 to 6.

2. The petitioner approached this Court with the following prayer: " ...to issue a Writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of respondents in issuing impugned Proc. No. 92212021/M9, dated 19-08-2021 rejecting the appeal petition ol' lhe petitioner and consequential rejection vide Proc. No.B97l/2O2ll Prod.1, dated 16.05.2023 rejecting the revision petition of the petitioner and upholding the orders issued by the Chief Conservator of Forests/ Conservator of Forests, Warangal as arbitrary, illegal and against the principles of natural justice and set aside the same as there are no merits and pass "'

3. The case of the petitioner, in brief, is that the petitioner is the owner of Charcoal Depot in Sy.No' 143, Manchuppula Village, 2 SN. J tV.l'No.11260ol'2023 Palakurthy Mandal, langaon District. The respondent No.4 issued show cause notice No.7023/2017/52, dated 09.03.2021 alleging that on 75.02.2027 total 1190 bags were found at the depot site i.e. 664 of charcoal bags in excess than the yield of charcoal i.e. 526 and also found some kiln in the position of burning without obtaining permission from the licensing authority. On 15.03.2021 the petitioner submitted detailed explanation but the respondent No.4 without considering the explanation dated 15.03.2021 and without givinq any opportunity to record the petitioner's depositions, issued proceedings No.1023/2017/52 dated

21.O5.2021 and confiscated the material involved in the offence. Aggrieved by the same, the petitioner preferred an appeal before the 3'd respondent. However, the 3'd respondent, without considering the facts passed orders vide proceeding No.922/202tlt\49 dated 79.08.2027 rejecting the petitioner's appeal. Subsequently, the petitioner preferred revision of the orders dated 19.08.2021 and the same was rejected vide order dated 16.05.2023. Aggrieved by the said action of the respondents, the present writ petition is filed.

4. The learned counsel appearing on behalf of the petitioner submits that the matter could be remitted to the 4th respondent for reconsideration oF the subject issue for passing orders afresh 7 SN. J W.P. No.11260 of2()21 again within a reasonable period in accordance to Law in conformity with principles of natural justice.

5. The learned counsel appearing on behalf of the respondents does not dispute the said submissions made by the learned counsel appearing on behalf of the petitioners. PERUSED T E RECORD

6. A bare perusal of the impugned proceedings dated

27.05.2021 issued by the 4th respondent clearly indicates. that the 4th respondent failed to consider the explanation furnished by the petitioner and had issued the impugned orders unilaterally. A bare perusal of the impugned proceedings dated 19.08.2021 issued by the 3'd respondent vide Proc' No. 922/202tlM9, dated

19.08.2021 clearly indicates that the order passed by the 3'd respondent is without assigning any. reasons nor the said impugned proceedings indicate any consideration of the petitioner's pleas as put forth before the 3'd respondent. The said order had been confirmed mechanlcally by the Principal Chief Conservator of Forests & Head of the Forest Force (HoFF), Hyderabad/2"d respondent vide Proc. No. 8971/2021/Prod.t dated 16.05.2023 in the revision preferred by the petitioner before the 2nd respondent, aggrieved against the order passed by I SN, J \4 I,. No. t4260 of2023 the 3'd respondent in proc No.922/2027/M9 dated Lg.OB.2O2I. 7"t^ T kin into consideration : (a) The facts and circumstances of the case, (b) Duly considering the submissions of the learned counsel appearing on behalf of the petitioner, The writ petition is allowed by setting asade the impugned proceedings dated 2L.OS.2O2L of the 4th respondent, and the impugned proceedings of the 3.d respondent vide proc. No.g22/ZO2t/Mg, ilated 19.08.2021, and the impugned proceedings of the 2nd respondent vide proc. No.ggTL/20,21/proc.l, dated 16.05.2023 and the subject issue is remitted to the respondent No.4 for re-consideration afresh, duly considering all the pleas put forth by the petitioner before the 4th respondent and the 4th respondent as directed to pass appropriate orders in accordance to law, in conformity with the principles of natural justice, by hearing all concerned within a period of four (4) weeks from the date of receapt of a copy of this order. There shalt be no order as to costs. 5 SN. J U' l' No.l't160 ot202l As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed. //TRUE COPY// SD/.A.V.S. PRASAD E UTY REGISTRAR SECTION OFFICER To, Waranoal. Hvderabad - 500 004

1. The Specral Chief Secretary to GovL, Environment' Forests' Science and ' iLi"n"[r"-gv oepartment.S State of Telangana' Aranya Bhavan' Saifabad' ,. T#Fffi;rr-diiJiiont"rvator of Foresls and.Head of the Forest Force ' i#iii: iJtln6rnl, Aianva shavan Saifabad, Hvderabad - 500 004 3 The Chief Conservator oiior."tti/Coniervatot oi Forests' ' Warangal Circle' a i'n??jixii"t Forest officer. , warangat Urban and Jangaon warangal _. . ; iil; F;.inang;omcei, . cni.pii Ran-se, Ghanpuilst4' Jansaon District 6 iii; b;p,rii'i;""s"bffi";;'. Parii<urthv, dhanpur Ranse' Ghanpur (stn)' Janoaon District. blil'6-C to sii cundrati Raman Goud AdvocateloPuc.t Two ccs to GP For ror"rt.',iiigi"i;t;'t # th;di;te #Tehnsana [oUT] Two CD CoPies 7 8 o MBC BS 6 HIGH COURT DATED: 1110212025 Gl E SIT4 r€ k d tB ilAn xE z , .,+{ ,rf O ORDER WP.No.14260 of 2023 ALLOWING THE WRIT PETITION WITHOUT COSTS 'N) W-