✦ High Court of India · 19 Jun 2025

The High Court · 2025

Case Details High Court of India · 19 Jun 2025
Court
High Court of India
Decided
19 Jun 2025
Length
1,247 words

Eep. oy its principar Secretary to Government. Environment. Foreits, scierice 5no ie.r,n6]div oup"rtment, Secretariat, Hyderabad - 500 02, 2' The P-rincipar chief conservator of Forests, and Head of the Forest Force (HoFF), Tetangana, Aranya Bhavan, SrifrtiJO, UyOerabad _ 500 004

3. The Conservator of Forests, Basara Circle, Nirmal 4 The Field Director prolect riger, Kawar riger Reserve, Ir4ancheriar - so4 2oB 5. The District Forest Officer, Nirmal District, Nirmal _ 504 106 6. The Forest Divisional Officer, Khanapur, Nirmal District - SO42O3 ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction, more particurarry one in the nature of a writ of Mandamus decraring the action of 6th Respondent in issuing impugned Revised Recovery orders in proc.No.FoRlr/-vl2o24-2stK3, dated 1s.os.2o2s ordering for recovery of an amount of Rs.23,07,'r50/- (Rupees Twenty Three Lakh Seven Thousand One Hundred Fifty Only) from the pay of petitioner in (150) instalments at Rs,15,381r per month from the month of May,2o2s onwards as arbitrary, illegar, u ncon stitutiona r, against the principres of naturar justice and set aside the same. 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 pleased to STAY all further proceedings for a period of 6 to 9' months pursuant to the issuance of impugned Revi5ed Recovery Orders in Proc.No.FORM -V12024- 25lK3, dated 15.05.2025 issued by the 6th Respondent to facilitate the petitioner to trace the records in tie Range Offices and Governrnent Timber Depot pertaining to the seized , pending disposal of the above writ petition. Counsel for the Petitioner : SRI GUNDRATI RAMAN GOUD Counsel for the Respondents: GP FOR SERVICES I The Court made the following: ORDER Jt EH N' s JUSTICE NAMAVA E H RRA 1 WRIT PETITI ON No.16602 OF 2O2s ORDER: This Writ Petition is filed challenging the action of respondent No.6 in issuing the Revised Recovery proceedings vide Proc.No.FORM-V/2024-25/K3, dated 15.05.2025, directing recovery of an amount of Rs.23,07,150/- (Rupees Twenty Three Lakh Seven Thousand One Hundred Fifty only) from the salary of the petitioner in 150 monthly instalments of Rs.15,387/- each, commencing from May 2025, as being arbitrary, illegal, and violative of principles of natural justice.

2. Heard Sri Gundrati Raman Goud, learned counsel for the petitioner, and the learned Government pleader for Services-I for the respondents. Perused the material on record.

3. The case of the petitioner is that while discharging duties as Forest Beat Officer in Udumpur Range, he booked various forest offence cases, including both detected and undetected offences, and issued Preliminary Offence Reports (PORs) accordingly. As per departmental practice and the Telangana Forest Offences, Compounding and Prosecution Rules, 1969, the procedure for seizure, custody, and transportation of forest produce is well defined. In the case of Undetected Offence Reports (UDORs), where ,,] 2 the offenders could not be traced, the seized timber was required to be transported to the Government Timber Depot (GTD) under valid permit and invoice. It is submitted that the petiti,lner's role was confined to issuing PORs and ensuring custody of the seized timber, while the issuance of permits and supervision of transportation to the depot was the responsibility of the Forest Se:tion Officer or Forester

4. It is further the case of the petitioner that respondent No.6, vide proceedings No.FORM-V/2024-25/K3 dated 15.05.2025, issued revised recovery orders directing recovery of ;:n amount of Rs.23,07,150/- from the petitioner's salary in 150 instalments of Rs.15,381/- per month commencing from May 2025. The said recovery was based on reports submitted by Forest Range Officers of Khanapur and Kaddam Ranges, alleging failure to transport timber in several POR/UDOR cases involving 1273 ogs (115.6051 cmt), resulting in pending case files and alleged loss to the Government. The petitioner submits that these discrepancies are due to long-standing administrative lapses and lack of proper record maintenance dating back to the year 2005, compounded by a shortage of ministerial staff. He further contends that he has since traced timber invoices showing that the timber was in fact transported to GTD Khanapur and received by the concerned , Forester. Aggrieved by the same, the petitioner filed the present 3 writ petition.

5. Learned Government Pleader for Services-I, appearing for the respondents, placed on record a copy of the written instructions and the relevant portion of the said written instructions reads as under: "Further, it is submitted that almost eight months'time was given to the petitioner to transport the felled timber in his custody, as per FORM-V. However, he did not utilize this opportunity. Hence, there is no need to grant the petitioner an additional 6 to 9 months for this issue."

6. On the other hand, learned counsel for the petitioner submitted that the petitioner is ready to clear all the issues related to the transportation of timber as per FORM-V within a period of four months. However, he seeks the cooperation of the respondent authorities in providing the necessary records ,to facilitate the finalization of the said issue.

7. In view of the above submissions, this Coutt is of the opinion that the petitioner shall be granted four months' time to complete the verification and reconciliation process pertaining to the transportation of seized timber and the Form-V records. The respondent authorities are directed to cooperate with the petitioner and provide necessary access to records and assistance I I ( I l 4 for finalizing the issue. It is made clear that if the petitioner fails to complete the process within the said four months, the respondents are at liberty to initiate appropriate steps for recove-y in accordance with law. If recovery has not already commenced, it shall be kept in abeyance till 31.10.2025, and shall commence from 01.11.2025, in case, the petitioner has not complied the order of this Court.

8. With the above directions, this Writ petition is disposed of. There shall be no order as to costs Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// DEPUW REGISTRAR t SD/.MOHD. ISMAIL SECTION OFFICER To, \ L The Principal Secretary to Government, Environment, Forests, Science and Technology Department, State of Telangana, Secretariat Hyderabad - 500 022

2. The Principal Chief Conservator of Foi'ests, and Head of lhe Forest Force (HoFF), Telangana, Aranya Bhavan, Saifabad, Hyderabad - 500 004

3. The Conservator of Forests, Basara Circle, Nirmal 4. The Field Director Project Tiger, Kawal Tiger Reserve, [t4rtncherial - 504 208 5. The District Forest Officer, Nirmal District, Nirmal - 504 106 6. The Forest Divisional Officer, Khanapur, Nirmal District - 104203 7. One CC to SRI GUNDRATI RAMAN GOUD, Advocate. [OPUC] 8. Two CCs to GP FOR SERVICES l, High Court for the State of Telangana. [OUI

9. Two CD Copies. BSK GJP HIGH COURT DATE D : 1 910612025 + I HL. S14 .6 o 2 I JUll ?TE +.) lc,J -\ ( ,\ ORDER WP.No.16602 of 2025 DTSPOSING OF THE WRIT PETITION WITHOUT COSTS A 6l>( ;'-!1.

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