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 a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondent nos. 1 to 6 in not releasing the vehicle bearing Reg. No. TS-08-FL-0234 seized in connection with P.O.R. No. 917137 daled 06.01 .2025 and currently in custody of the 3rd respondent as illegal, arbitrary, and unjust and consequently direct the 6th Respondent to forthwith assess the value of the said vehicle and direct the Respondent Nos.2 to 5 to release the said vehicle. 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 6th Respondent to assess the value of the vehicle bearing Reg. No. TS-09-FL- 0234, seized in cornection with P.o.R. No. 917137 dated 06.01.2025 with a further direction the Respondent Nos.2 to 5 to release the said vehicle, on furnishing a Fixed Deposit Receipt for the assessed value. Counsel for the Petitioner: SRt P. LAKSHMA REDDY Counsel for the Respondents: GP FOR FORESTS The Court made the following: ORDER THE HON'BLE SRI JUSTICE PT'LLA I{ARTHTK WRIT PETITION No. 14245 OF 2025 ORDER: With the consent of both the parties, tlris Writ Petition is taken up for disposal at the admission stage itself.

2. This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: "...to issue a urit, order or direction, nbre patlicularlg one t tlp n(ture of WRIT OF MANDAMUS, declanng the actton of lhe respotdent nos.1 to 6 in not releasing the uelticle beaing R.,9- .^'ro. ?S 08-Irr-0234 seized ii cotilection with P.O.R. No.917/37 dated 06.01.2025 otld cunentllt i[ cu-sto.Jy of t.lle 3.,1 responclent ds illeget, arbitrar!, culd uttJust e.nd cotsequently direct the 6. Resfrondent to Iorthuith asses-s lrle uallte of the said uehicle and direct the Respondent Nos.2 to 5 to rele(6e the soid uehicle otrr.i pass... "

3. Heard Sri P.Lakshma Reddy, learned counsel for the petitioner; learned Government Pleader for Forest for the respondents

4. Learned counsel for the petitioner submits that the petitioner is the absolute owner of Maruti Ciza Car bearing registration No.TS-O8-FL-O234 and the said vehicle was seized by the officials of the Forest Department on 06.O1.2O25 in connection with the alleged offence registered in P.O.R-No.9 17 l3T by the Deputy Range Officer, Chennur, for the alleged hunting, illegal possession, transportation and trading of a wild animal (Red sand Boa - Eryx Johnil, which falls under Schedule-I of the Wildlife (protection) Act, 2 PK,J Wp 14215 2025

1972. lL is [url her submitted that the seizure u'as affected at NH- 63 neall, ]-rin thalapally Village Shivar, Chin thalapally Beat, Chennur Division and the subject vehicle htLs been produced before rcspondent No.3 and presently the custrldy of the subject vehiclc lies rrith respondent No.3's ofhce. It is fi.rrther submitted that in similrrr circumstances, this Court in W.P Nos.7634 of 2023 and 9O58 o' 2025, uide orders, dated 17.03.20211 and Oa 04 -2025, directed the rcspondents therein to reiease th': sr"rbject vehicle, subject to t lre condition that the petitioner thcrein furnish the value of the r ehicle. l'herefore, learned counsel prays this Court to pass similar orr:ler in the present Writ Petition alsrl.

5. Learnerl Government Pleader, on instructi()ns, submits that the subject vehicle was seized in connection with a case in POR No.917l37, ,lated 0b.O1.2025 by the Deputl Range Ofhcer, Chennur. lor the offence under Section 9 read with Section 2(16), 39 (3) read u it h 57, 44 read with 48-A, 49-B punishable under Section 51(1 I of thc Wildlife Protection Act, 1972, and under Section 44 ol Telangana Forest Acl, 1967. Further, the orders, dated 17.03.2023 and Oa.O4.2O25, in W.P.Nos.7(l34 of 2023 ar.d 9058 of 2025. relied upon by the learned counsel fcrr the petitioner pertains to Tclangana Forest Act, L967, only, ther:efore, the said orders are no. applicablc to the facts of the present casc. To, 3 PK,J \tp 14245 2025

6. Having regard to the submissions made by learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of permitting the petitioner to make a representation before respondent No.2 s'eeking release of subject vehicle, within a period of ten (1O) days from the date of receipt of a copy of this order' Upon receipt of such a representation, respondent No.2 is directed to consider the same and pass appropriate orders, strictly in accordance with larv, as expeditiously as possible, preferably within a period of two (2) weeks therefrom and communicate a copy of the same to the petitioner. Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs /TTRUE COPY// 3P5,'##:[?Hi[ secrih%rrrcea 1 The Principal Secretary' Forest Department' Secretariat' The State of ' iljiri.'g,nd, HYderabad' Z. fi" Oit'l"t Forest Officer' Mancherial District' 3. The Forest oi'ition'r Jil""'' 4. The Forest Rung" off;;;, ahennur Range' Mancherial District' 5. The Deputy R""g" o;;;;';hennur Section' Mancherial District' i. fn" Uoto' Vehicle lnspector' Mancherial District' 7. One CC to Sri p Uafsnma Reddy' Advocate [OPUCI R Two ccs to Gp t", ;;;, -' Hvderabad [OUTI 9. Tfro CD CoPies Hign court tor the State of relangana' At Divisron' Mancherial District' "n"nnut TJ BS 1 HIGH COURT CC TODAY DATED:0210512025 l-F l.- (a { \' ORDER WP.No.14245 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 4 /n 7 /q /,/* 5