Kuntala. Sharadh.a v. 1. The Stale of Telang_ana

Petition under Article 226 of lhe constitution of lndia 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 particularly one in the nature of writ of MANDAMUS, declaring the action of the Respondents more particularly the action of the 3'd respondent in issuing the order vide Rc. No. 1494120231511, dated 11- 10- 2023 wherein and where under the 3d respondent has directed the petitioner to pay an amount of Rs. 2,61 ,640/- towards fine for releasing of Jhon Deer Tractor bearing No. TS 23 T 1063 as illegal, arbitrary, and is in violation of Articles 14,21 and 300- A of the constitution of lndia and set aside the same in so far as imposing the condition for release of vehicle bearing Jhon Deer Tractor bearing No. TS 23 T 1063 and consequenfly direct the Respondents 3 and 4 to release Jhon Deer Tractor bearing No. TS 23 T 1063 forthwith in favor of petitioner. lA NO: 1 OF 2024 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 Respondents 3 and 4 to release the petitioners vehicle i. e., Jhon Deer Tractor bearing No. TS 23 T 1063 with Out reference to the Order vide Rc. No. 149412O23t511 , dated 11- 10- 2023 of the 3'd respondent, pending disposal of the above Writ petition. Counsel for the Petitioner: SRI VADLAKONDA RAVI KUMAR REDDY Counsel forthe Respondents: AGP FOR FORESTS The Court made the following: ORDER 7 HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.2L796 oF 2024 ORDER: Heard Sri Vadlakonda Ravi Kumar, learned counset appearing on behalf of the petitioner and learned Assistant Government Pleader for Forests appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under: "...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents more particularly the action of the 3rd respondent in issuing the Order vide Rc.No.149412023/Sll, dated 11.10.2023 whereln and where under the 3'd respondent has directed the petitioner to pay an amount of Rs.2,61,640/ towards fine for releasing of lhon Deer Tractor bearing No. TS 23 T 1063 as illegal arbitrary and is in violation oF Articles 14, 21 and 300 A of the Constitution of India and set aside the same in so far as imposing the condition for release of vehicle bearing Jhon Deer Tractor bearing No. TS 23 T 1063 and consequently direct the Respondents 3 and 4 to release Jhon Deer Tractor bearing No. TS 23 T 1063 forthwith in favor of petitioner, and issue such other writ or orders as it may deem fit and proper in the clrcumstances 2 of the case

3. It is specific case of the petitioner that the petitioner is the absolute owner of John Deer Tractor bearing No.TS 23 T 1063 and the said Tractor was intercepted by respondent Nos.3 & 4 while transporting the 62 carts load of fuel wood. However, on the said allegation, the petitioner had been arrayed as 1't accused, and the son of the petitioner as 2nd accused in file No.66IOR.SRL/2O23-24, and further without, the knowledge of the petitioner, respondent No.3 recorded the confession and closed the case through the impugned order dated 11.1O.2O23 wherein an amount of Rs.2,51,640/- was imposed towards fine. The above mentioned Tractor is idle and under the custody of respondent No.4. Aggrieved by the same, the Writ Petition has been filed.

4. The impugned proceedings Rc.No.14g4/ZOZ3/SLL, dated 11.10.2023 had been passed by the District Forest Officer, Rajanna Sircilla & Karimnagar, wherein the petitioner was darected to pay an amount of / 3 Rs.2,61,64O l' and uPon payment of the said amount of Rs.2,61,64ol-,by the petitioner it is observed in the impugned proceedings, dated 11.10.2023 of the DiStrict Forest Officer, Rajanna Sircilla & Karimnagar that the seized Jhon Deeer Tractor bearing No.TS 23 T 1063 along with '62'Carts Fuel Wood woutd be released in favour of the Petitioner. Learned counsel appearing on behalf of 'the 5. the offence had been petitioner submits that committed by the petitioner unknowingly and the observations in the impugned order, dated 11.10'2O23 that the petitioner is ready to pay the compensation as imposed by the Department is not factually correct' Therefore, that the petitioner may be permitted to pay an amount of Rs.65,41O1-, and upon the petitioner paying the said amount, the subiect vehicle may be directed to be released to the petitioner. Learned Assistant Government Pleader for Forests

6. appearing on behalf of the respondents on the other hand submits that a bare perusal of the impugned 4 4 ,i order, dated 11.1O.2O23 passed by the District Forest Office, Rajanna Sirciila & Karimnagar ctearly indicates that the petationer had accepted the petitioners, guilt of offence committed and had agreed to pay the compensation as imposed by the Department and having agreed the petitioner cannot turn back and say that the amount imposed is on the higher side and seek reduction of the said amount.

7. Learned Assistant Government pleader for Forests appearing on beharf of the respondents further submits that against the said order passed by the District Forest Officer, Rajanna Sircilla & Karimnagar, dated LL.IO.2O2g, there is a provision of appeal to the Chief Conservator of Forests/Conservator of Forests, Rajanna Circle, Siddipet and the petitioner without preferring the said appeal within a period of .5O, days from the date ot receipt of the impugned order, dated LI.LO.2OZ3, approached this Court by filing the present Writ Petition. Y 5 sN.l Takinq into co nsideration: I a) The facts and circumstances of the case b) The submissions made by the learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Forests appearing on behalf of the respondents. c) The contents of impugned proceedings Rc.No.1494/2O23/SLI, dated 11.10.2023 passed by the 3'o respondent herein. The Writ Petition is disposed of, directing the petitioner to prefer an appeal against the impugned order, dated 11.10.2023 ot the 3'd respondent before the 2nd respondent herein within a peraod of two (O2) t \ weeks from the date of receipt of copy of the order, and upon the petitioner filing the said appeal before the 2nd respondent within a period of two (O2) weeks from the date of receipt of copy of the order, the 2"d respondent is directed to consider the same in accordance to law by providing a reasonable opportunity of personal hearing to the petitioner thereby enabling the petitioner to put- I 6 forth all the petitioner,s pteas in support of petitioner,s case and also the grievance of the petitioner as put_ forth in the present writ petition and pass appropriate orders within two (02) weeks thereafter and communicate the decision to the petitioner on the said appeal to be preferred by of the petitioner before the 2"d respondent i.e., Chief Conservator of Forests/Conservator of Forests, Rajanna Circle, Siddipet against the impugned order of the 3.d respondent, dated 11.10.2023. However, there shalt be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition, sha ll stand closed. To, //TRUE COPYII SD/.MOHD.ISMAIL STANT REG]STRAR SECTION OFFICER

1. The Principal Secretary, Siddipet. State of Telangana, Hyderdbad. .Department of Forest, Secretariat Buildings, The 2. The chief conservator of Forests/conservator of Forests, Rajanna circle, 3. The District Forest officer, Rajanna sirciila and Karimnagar Districts. 4. The Forest Ranoe Officer, Mallial Village, Chendurthy Mandal, Rajanna Sircilla District. " . One CC to Sri Vadlakonda Ravi Kumar Reddy, Advocate tOpUCl Two CCs to GP for Forests, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies 5 6

7. TJ BS 6 HIGH COURT CC TODAY DATED:0710212025 ORDER WP.No.21796 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 6rof"{ 3ltr