Boda Devasingh v. The State of Telangana

Petition under Article 226 of th'e 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 in the matter of Writ of Mandamus, declaring the action of the respondents 2 to 5 in seizing the petitioner vehidle Chevrolet Enjoy LS TCD bearing No. TS 04 EJ 1229 in connection with PR No. 01 9/2 dl. 15.09.2025 of Forest Act 1 967, is illegal, arbitrary and against the principles of natural justice and consequently direct the respondents 2 to 5 to release the petitioner vehicle immediately in the interest of justice. lA NO: 1 OF 2025 Petition under Section 1 51 CPC praying that in th ( circumstances statecl in the affidavit filed in support of the petition, the High Cc rrt may be pleased to Direct the respondents to release the petitioner vehicle C t evrolet Enjoy LS TCD bearing No. TS 04 EJ 1229 forthwith, pending disposal of t e main writ petition. Counsel for the Petitioner: SRI AJAY KUMAR MADISETT\ Counsel forthe Respondents: AGP FOR FORESTS The Court made the following: ORDER THE HONOURABLE SMT.JUSTICE T.MADHAVI DEVI W.P.No. 29A27 OF 2o25 ORDER: This Writ Petition is hled for thc follou'ing relief:- "...Writ of mandamus declaring the ctction of the respondents No.2 to 5 in se[zing Lhe petitioner's uehicle i.e., Cheurolit Enjog LS TCD bearing No.TS- connection PR. No.O 19/ 2 O4-DJ-1229 tn dt.15.09.2025 of Forest Ac| 1967, as iLLegol, orbitrarg and against the principLes of natural justice ond consequentltl direcL tLrc resporrlertts No.2 to 5 to reLease the petitioner's uelicle intnediuteLy irt the interest of justice ant) Lo pass such other ttrcler or orders .. ." '). Whe n the matter is taken up tor hearing, it is submitted by the learned counsel lor the petitioner that thc lis in the present Writ Petil-ion is squarely covercd by the ordcr of this Court dated 21.O3.2025 irr W.P.No.8576 of 2025 and the same is not disputcd by Lhc Iearned govcrnment plcadcr for foresl appearing for the rcspondents.

3. In view of the same and for reasons alikc, this Writ l)etition is disposed of in terms ol the ordcr dated 2 I.03.2O25 in W.I'.No.8576 of 2025, dirccting the petitioner to make an application to the F'oresL Divisional Officer for release of subject vehicle, as providcd undcr Sct:tion 4'1(1) and (3) of the 'lelangana Fore st Ar:t, 1967, u'jLhin a period ol onc weck from the date of rcceipt of a copy of lhis order and upot-t rcccipl of \'*"r - such application, the Forest Divisional Officer sl all consicler thc same and pass appropriate ordcrs strictly in ,:corcrance rvith law, within a period of one (1) week therli lter and duly communicale the decision on the said ap1 Icatron lo rhe petitioner.

4. The office is directed to append a copy ol. t re ordcr dated

21.O3.2025 in W.p.No.857 6 ot 2025 to this Writ I,r trrion. .5. Miscellaneous petitions, if any, pending in this Writ Petition, sh:rll stand closed..lherc shall be no or( l,t :rS to COSTS //TRUE COPY// r SD/. A.JAYASREE S ISTANT REGISTRAR /. To, The Prl Secretary. Forest Department, Secreta Telangana. oFFtcER rcfloN gt lyderabad, State of

2. The District Collector, Jayashankar Bhupalpally District E . Bhupalpalli 3 The Divisronal Forest officer, Bhuparpafly Division, Ja / rshankar Bhuparpaly 4. The Forest Ranoe Officer, Bhupalpally Range, BhLrg alpally Jayashankar Bhupalpatly Distndt

5. The Forest Section Officer (FSO), Rampur.Range, Bh I ralpally Jayashankar Bhupalpally District

6. One CC to SRI AJAY KUIVAR MADISETTY, Advocate [(] )UCl 7. Two CCs to Gp FOR FORESTS, High Court for the {j ate of Telangana at Hyderabad [OUT]

8. Two CD Copies (Along with the copy of order dated 21.03.2025, in W.F ,No.8576 ot 20251 BSR TKS fltq HIGH COURT DATED: 2610912025 ORDER WP.No.29827 of 2025 .) TAI€ O [1 t r\1t i..\, *: k c I.v AlC\ DISPOSING OF THE WRIT PETITION' WITHOUT COSTS f,tAc\ p,l.r>{ >{ 1 THE HON'BLE SRI JUSTICE PULLA I(ARTHIK W.P.No.8576 of 2025 ORDER: With the consent of both the parties, this writ petition is taken up for disposa-l at the stage of admission.

2. The writ petition is filed with the following prayer: "To issue an appropriate Writ order or direction more particularly one in the nature of Writ of Mardamus declaring the act.ion of the respondents No. 3 and 4 in regrstering the forest crime No 34IOR/FRO NZB(S) 12024-25 dated 15.07.2024 by seizing the Mahendra Tractor bearing No TS17-T-8575 as illegal null void arbitrary and consequentially direct the respondents to release the above vehicle to the petitioner".

3. Heard Sri K.Durga Prasad, learned counsel for the petitioner and learned Government Pleader for Forests appearing on behalf of respondents and perused the record.

4. The learned counsel for the petitioner submits that petitioner's vehicle i.e. Mahendra Tractor bearing Registration No. TS17-T-8575 was seized by respondent No.4 and a crime was registered on the file of respondent No.3 vide Rc.No.34lOR/FRO.NZB(SI I 2024-25 dated

15.7.2025 and the vehicle was detained with respondent No.3. The 2 learned counsel further states that the subject rt rtter of this writ petition is squarely covered by the order passed ry this Court in W.P.No.4O80 of 2025 dated 13.2.2025. The sam: is not seriously disputed by the learned Government Pleader for Fo', sts.

5. In view of the above, for the reasons a_like in t I : said order, this writ petition is disposed of directing the petitic,r er to make an application to respondent No.2 for release of srr rject vehicle, as provided under Section 44(1) and (3) of the Telan lana Forest Act, 1967, within a period of one week from the date oi .eceipt of a copy of this order and upon receipt of such applicatior. the respondent No.2 shali consider the same and pass appropriate c rders, strictly in accordance with law, within a period of one week the reafter and duly communicate the decision on the said application t I the petitioner. As a sequel thereto, miscellaneous applications, if rny, pending in this writ petition stancl closed. Date:27.3.2025 Note: Issue C.C. by 24.3.2025 (b/o) DA PULI" \ KAR'THIK, J