High Court · 2025

Judgment

1. 3:11?,:l';l",liit"?!fuJT"o bv its Principar secretary, Forest Department,

2. The Additionar Princioar chief conservator of Forests, Nizamabad circre, Nizamabad District.

3. The Forest Divisional Officer, Nizamabad, Nizamabad District. 4. The Forest Range Officer, Varni, Nizamabad District. 5. The Forest Beat Officer, Jalalpur (South) Beat, Varni Range, Nizamabad District. ...RESPONDENTS

Petition under Articre 226 of the constitution of rndia 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 particurarry one in the nature of writ of Mandamus decraring the action of the respondents No. 3 and 4 in registering the forest crime No. 3oloRtvarnil2o25-26, Dated 12.06.202s by seizing the JOHNDEERE Tractor bearing No. TS2rG 3188 as illegal, nuil, void, arbitrary and consequentia[y direct the respondents to rerease the JOHNDEERE Tractor bearing No. TS2.tG 31BB to the petitioner. lA NO: 1 OF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fited in support of the petition, the High cou( may be pleased to direct the 3 arrri rt' fiespondents to release the JOHNT)EEFIE I ractor bearing No. TS21G 31t33, plrt'jing disposal of the writ petition' Counsel for the Petilir:ner: SRI K.DURGA PRASAD Counsel for the Fie.';|:,:ndents: GP FOR FORESTS The Court made thr, following: ORDER l I I I THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.182O8 oF 2025 ORDER: With the consent of both the parties, this Writ petition is taken up for disposal at the stage of admission. 2. This Writ petition is hled under Article 226 of the Constitution of India, seeking the following relief: "_.. to issue an appropriate Writ, order or direction more particularly one in the.nature ol Wit of Mandamus declaring tt .ciio., oiihe responaent No.S " reCistering the,foresr crime No.3O/oR/ i^rnilzOis 26, Datei 1:d^ _4^ ^il_ 12.06,.2025 by seizing rhe JOHNDEERE tractoi bearirrg No.TS21c 3188 as illegal, null, void, arbitrary and consequentiaffy ai..ci tt e respondents to release the JOHNDEERE Tractor bearing lo.fSLlC S]SS ""a to pass such other appropriate orders ..."

2. Heard Sri K.Durga prasad, learned counsel for the petitioner and learned Government pleader for Forests appearing on behalf of respondents. perused the record. 3. Learned counsel for the petitioner submits that the subject matter of this Writ petition is squarely covered by the judgment dated 22.Oa.2O23 passed by this Court in W.A.No.838 of 2023. The same is not seriously disputed by the learned Government pleader for Forests. 4. In view of the above, for the reasons alike in the said judgment, this Writ petition is disposed of as follows: I t 2

1. 'l're lrcr.itioner shall furnish a bond for a srtnl of Rs.5lr. 3(- ( r / - (Rupees hfty thousand only) rt'i1h t ro sl-rr,iti('s lc r a likesum each to the satisfac'-ion rrl l he conct:r nt'tl respondent under whose custoc\ lhe vr'hi'l r' ring. 2. l'1re te titioner, in addition, shall frle a n al'll'1z vit befr;rc t lr: said Ofhcer stating that he shrtll )oL alie rral-e ,]ncumber or transfer, in any manner he tractor L t ., JOHNDEERE Tractor bearing No TS2 lG 318:' 3. '[hr: r, ic,resard affidavit shall be hled within a pt:r iod of li, r r' .'' 'ks from todaY. 4. '-h,.: lxrtitioner shall also furnish an r- ndcrtrl'ing thart re: s hali produce the aforesaid Traclor as rtnd whe n di re cted by the respondent concerned ' No costs, Misc:t ll:Lrt:ous petitions penrling, if any, shail st:rnrl closed' SCI/- P PONNA KRISHNA A5stsrnru r REGI:JRAR //rRUE COPY/', ,EC oFFlcER \ 'oil To, 1 2 Telangar a The Prirrr;i6 al [)ecretary, Forest Department' Secretariat' HVd'rrabad' State of The Additi:rnal Principal Chief Conservator of For?sts Niz amabad Circle, Nizamabacl [] i ;l.rict

3. The For€rs1 E) \'iriional Officer, Nizamabad' Nizamabad Dis;trict 4. The Fores Flange Officer, Varni' Nizamabad District' 5. The Foret;t 3eat officer, Jalalpur (South) Beat, !,arni Rarlge, Nizamabad District.

6. One CC tc SF.l K.DURGA PRASAD' Advocate [OPUCI 7. Two CCs 10 (lP FOR FORESTS, High Court for ttre State of Telangana at Hyderatar; [t)tlTl Two CD C,:I i,:; o (Along with t:h€ copy of order dated 22'08'2023' in W'A'lrlo'838 of 2023) BSR/BSK -t \1-r : ' -'zz -. !i: . j.': ,:: . {': -1 I i HIGH COIJR-T DATED:3010612025 cc TODAY I I ORDER WP.No.1820{} of 2025 l, : , ..:\ '.'t ,/, t (-) [? /lrl ! ill: C) DISPOSING OF THE WRIT PETITION, WITHOUT,CtI)STS \\ ts- -9 -/? -+- t> l' t' {r HO BLE TI{E C IEF AND STICE AIOKARAD HE T S T KU IUDGMENT,,T,, r tbe Ha,1'bte tbe ChiefLknte AtoA Aradhe) V.A.No.838 of 2023 Heard Mr. Sudarshan Malugari, learned Government pleader . for Forests represenring the appellants and Mr. Siripuram Kaumud, learned counscl representing Ms. Devara Samhitha, learned counsel for the rcspondent- writ petitioner.

2. This intra court appeal has been filed against an ordet dated 1.9.07.2023, passed by the learned Single Judgc, by rvhich writ petition No.17776 of 2023, preferred by the respondent, has been allowed and rhe District Foresr Officer, Rajanna_Sircilla and Karimnagar District (appellant No.2 herein) was directed ro release the ftacror of the respon dent i.e., John Deer Tractor bearing registration_ No.AP-25-AD-3856 on his cxecuting a boncl for Rs.20,000/- rvith rwo suredes for a likesum each to the satisfaction of the said officer.

3. Facts giving rise to filing of this appeal briefly stated are that the tespondent is the owner o[ the aforesaid tractor. On 22.03.2023, admittedly, the respondenr rvas found ploughing t I I I I and lcvr: li:'g lre iorest land. Thereupon, proceedilss ttn<lt r the Telangana lj, r:,:sr. Act, 1967 @riefly 'the Act' heretnrilelt rvcrc iniuated ir,l 1 c\crcise of powers under Section 20 t /rv iccti rn 44 tl.rercoi lr t i ( t(rr of the re spondent was seized. 4, 'llt -' . , ,p,lt nl. rhcrcupon, filed thc aforcsartl u'r r t" irion' The lcarni,-l :r''rglc Juctge, bv an order dated 19.07 202.1. rli 'ected thc I)istr,:r l:orcst Offlcer, Rajanna-Sircilla anrl F-arirr nagat Districr, t( r tlrsc the tractor belonging to the resPlndr:trt s-rbiect to the r t:: p, n,lent executing a bond for Rs.20,0()()/- rrit t trvo sru-etics :ir , lLl.csunt each to thc satisfacuon of the sald ofhcl t. 5, In thc: ribrcsaicl factual background, this appeal hls been filcd.

6. Lcar r, t co,-rnsel for the appcllant submitted that the l,rarned Single I r( J(: (,uqht to har.'e directed the tespondent rtl t rrnish se curlr\ lrr cr.: t til the extent of Rs.1 lakh and slrl) jecl ecl I im to condition rhrr: re' shall not alieuate the tractor and sba[[ proth ce thc same [)ca.rr r r:: l]orest aurhodtles as and when directed l() .l( so. ,. I l 3

7. On the other hand, learned counsel fot the respondent submitted that the respondent is a poor fzrmet tnd he has no means to furnish securiry to the rune of Rs.l lakh.

8. We have considered the submissions made on both sides. 9. Admittedly, the petitioner along with his tractor was found involved in ploughing and levelling the foresr land. -fhereupon, ttactor belonging ro the petitioner has been seized in exercrse of powe(s under Sections 20 and 44 of thc Act. The value of the tractor, whlch was purchased in the year 2010 by the tespondent, was obviously more rhan Rs.20,000/_ and no conditrons have been imposed by the learned Single Judge ro ensure that the rracror is available after the final order is passed uncler the Act.

10. In the peculiar facts of this case, we direct as follou,s:

1. The respondent shall futnish a boncl for a sum of Rs.50,000/- (Rupees fifry thousand only) with rwo sureries fot a likcsum each to the satisfaction of the District Forest Officer, Rajanna-Sircilla and Karimnagar District (appellant No.2). 2. The respondent, in addition, shall file an affidavit before the said Officer stating that he shall riot alienate, 4 cn,rLL | ( I ()r transfer, in any manner, the tract('r z r ' It-'l n D,crt:r '[ r ( t( )r be aring registration No AP-25-AD-:'8-56 i. l'1rr li,t'c-.aid aft-idav.it shall bc filed within a pcriod rilb-rr \ ( cf i Ir.rrn tod2\'. ,1 'f rc rcsl,onclcnt shall also furnish an ufldcrt2['ing l]l:: lc sl-rall I rulucc tl'rc af<rresaicl tractor as and whcn cilrc:tertl .l\' ti.r: ) rr cl Forcst Officet, Rajanna-Sitcilla and I{:rriLnrla1'ar f) st L ir:

11. Tr 1rt' I l:orcsairl extent, order dated 19 '01 2023 ' plLss:d by thc iearrci. !, rirllt' f udge, in \VP No 17716 of 2023, irr mccliiiid

12. t\.r:,:, ,r:l r glt', the appe al is dlsposed o[ No col'ts' l.r; r : r t ue I, misccllane ous petitions, Pendin I if env' stand closed Date: 2il.l8 2t)l t LI]R ALOI. ARADITE, CJ T. VII\IOD KIJ'yIAR, J