Alakunta Ramesh v. The State of Telangana

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 pie"."O io issue writ or order or direction more particularly one in the nature^of WCif Of MANDAMUS declaring the action of respondents 4 in seizing the JCB bearing registration number TS-17-E-0868, chassis No. HAR3DXSSTO2811784, 2OCMiGRAVEL AND 8CART LOAD FUEL WOOD, WITH YELLO AND BLACK COLOUR 2019 Model without powers conferred on him is bad, illegal' aroitrary,voio, against to the principles of natural justice and violation of section zo (1) ac) iii and vii of the Telangana Forest Act,1967 as welt as violation i1d ^nt dnO 21 of the constitution of lndia consequently direct th-e oi"hrtl"t"" i S, iespondents io release the JCB bearing registration number TS-17-E-0868, Chassis No. HAR3DXSST 0281 17 84 ' lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances. stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 4 to release the JCB bearing registration number TS-17-E- 0868, Chassis No. HAR3DXSST-02811784 pending disposal of this writ petition Counsel for the Petitioner: SRl. MAHESH KUMAR VEMUGANTI Counsel forthe Respondents: GP FOR FORESTS The Court made the following: ORDER HONOURABLE SRI IUSTICE N.Y.SHRAVAN KUMAR WRIT PETITION No.31289 of 2024 ORDER: fleard leamed counsel for the petitioner and learned Assistant Government Pleader for Forest appearing for respondent Nos.1 to 4. With their consent the writ petition is being taken up for disposal.

2. This Writ petition is filed seeking the following prayer:- "to dzchre the action of respondents 4 in xizing the ICB beaing registration number TS-1,7-E-0868, Clussis No. HARJDXSSTO2871784, 2OCMTGRAVEL AND SCART LOAD FUEL WOOD, W'ITH YELLO AND BI-A.CK COLOUR 2019 Model without potoers conferred on him is bad, illegal, arbitrary, wid, against to tfu pinciples of nntural. justice and Violttion of Section 2(g) and 20 (1) (c) iii and oii of the Telangana Forest Act, 1,967 as weII as tiolation of Articleis 79 and 21 of tfu constitution of lndia conxquently direct the respondents to release tfu ICB beaing rcgistration number TS- 1 7-E-0868, Chassis No.HAR3DXS 5702811784."

3. Brief facts rising to file this writ petition are that the petitioner claims to be the owner of JCB bearing registsation number Tg17-E-0g6g and one Mr.Touthureddy Srinivas Reddy and Touthureddy Rajeshwar Reddy, hired the said vehicle for levelling their private patta land in Sy.No.531/A situated at 'Devunur Village of Dharmasagar Revenue Mandal, Hanamkonda DistricL The levelling work was scheduled on 26.02.2024 and, the petitioner send the vehicle with driver and the said work was started.

4. While things stood thus, the respondent No.4 along with his staff c,rme on the subiect land and stopped the vehicle and seized the same, 2 claiming that the said land is forest Iand and without peru-sal of records furnished by the owners, booked a case P.O.R No.542/11 of 2024 for the offences.under Section 2(g) and 20(1) (C) iii and vii of Telangana Forest Act, 1967 aganst the land owners and the petitioner. '

5. l.earned counsel for the petitioner has drawn attention of this Court to the P.O.R No.542rU 11 of 2024, wherein description and value of forest produce involved in forest offence with measurements and quantity was mentioned as " lllegal trespass ittto R.F.lngaparthiguttala, digging of Graoel and damage of porka aalues Rs.-18,872/- and. the description of ttehicles, tools etc., useil in committing of forest oferuz is nrcntion rc "lCB beaing No.'1'S 17 E 0868'.lt b further submitted that the petitioner in the said POR is arrayed as accused No.5. Aggrieved by the same, the present writ petition is filed.

6. Leamed counsel for the petitioner submits that the petitioner is the owaer of the JCB bearing No. TS 17 E 0868 and the same rvas hired by one Sri.Touthureddy Srinivas Reddy and Sri.Touthureddy Rajeshwar Reddy, for Ievelling their patta lands and the petitioner have send the vehicle on rent and had-not commifted any crime. It is further submitted that the respondent No.4 without having any power has seized the petitioner's vehicle.

7. Leamed coursel for the petitioner submits that the petitioner on

02.09.2024, filed application in SR No.960 of 2024 belore the Principal 3 District and Sessiors fudge, Hanamkonda, for release of the subiect vehicle, however, on 27 .09.2024, the same was retumed for want of jurisdiction. The petitioner on 30.09.2024, made another application in SR No.Z774 of 2024 before the Special Judicial First class Magistrate (Mobile) under pCR Act at Hanamkonda, which was also retumed on 03.10.2024, directing the petitioner to file before the competent authority. Leamed counsel for the petitioner submits that the petitioner is eking out his livelihood through the said vehicle and pray this Court to direct the respondent authorities to release the petitioner's JCB bearing No.TS 17 E 0868.

8. Leamed Assistant Govemment Pleader for Forest appearing for respondents submits that counter is filed on behalf of respondent Nos.3 and 4, wherein it is stated that'on 20.07.2024 at about 10.30 Am the respondent received a reliable information about illegal digging of stones and damage of Porka in Compt.No.7063 and trespassed into RF Inuparathigutta, Dharmasagar Beat of Hanumakonda Range with JCB vehicle. The respondent along with Deputy Range officer, proceeded to the spot and noticed that a- JCB bearing No.TS17E0858 trespassed into the forest land. The Dharmasagar Police conducted spot Panchanama and the illegal digging of stones/gravel value has been assessed to 20.00 Cmt., and its value is Rs.10,200/- and damaged Porka value is derived to 8.00 Cmt., and its value k Rs.8,672/ -, the total damage value is Rs.78,872/ -. The ICB vehicle bearing No.TS170868 has been taken into our custody with the protection of police and the same was shifted to Forest office, 4 Hanumakonda.'

9. Ilearned Assistant Government pleader for Forest submits that for release of vehicle, the petitioner ought to have made application under Section tl4(3) of the Forest Act 7967, before respondent No.3 and further submits that, if the petitioner makes such representation, the respondent authorities would consider the same and pass .appropriate orders in accordance with law.

10. At this stage, learned counsel for petitioner submits that the petitioner may be permifted to make application before respondent No.3 and further pray this Court to direct the respondent No.3 to consider the same and release the petitioner's vehicle in a time bond period. 11,. ln view of the submission made by the learned counsel on either side and without expressing any oprnion on merits of the case, this writ petition is disposed of, with a liberty to petitioner to make application before II ed$tionat |udicial first Class Magistrate,Hanamkonda within a period of one (01) week from the date of receipt of copy of this order and on such representation, the II Additional ]udicial first Class Magistrite,Hanamkonda is directed to dispose the same and pass appropriate orders strictly in accordance with law, as expeditiously as possible, prgferably, within a period of three (03) weeks from the date of ../ receipt of a copy of petitioner/s application and communicate the same to 5 petitioner.

12. Accordingly, this writ petition is disposed of' Miscellaneous applications, if any pending, shall stand closed No order as to costs' i3!,!,X*1'#b1!5,"#fl / 6io.ae.ini,ii^ririia6Uttsi#rgi?s jfiih*{jill: 1,iiififrf#;tl:,tie*rders or the Hon,b,e coui a."i"-j *nnnllS"fl L&'f earrierorder ",";!$,:Xf:t""xoir,i[,r,irolf //TRUE COPYII SD/. L. VIJAYA LAKSHMI ASSISTANT REGISTRAR SECTION OFFICER To, 1 . The Principal Secretan Secrerariate erirai;s; diirTffi: E?l':?jg:" and science And rechnorogy, ' IISiIi:[al chief conservator of Foresrs, Aranya Bhavan, saifabad - 3' The District Forbst officer, warangar Urban District Hanamkonda _ 5o6o0i. 4. The Frcrest Beat Officer, Dharmasagar Forest Range Office, Hanamkonda 5. The ll Additional Judicial first Class Magistrate, Hanamkonda 6. One CC to SRt. MAHESH KUMAR VEMUGANTT Advocate tOpUCI ' Ij,?r""t 8. Two CD Cooies to GP FoR FORESTS ,High court for the State of retangana. [[3 v" HIGH COURT DATED:2010112025 1010412025 \ \ AMENDED ORDER WP.No.31289 of 2024 -a/ \;; il{/C l ! :.: t-' t, { 3 0 APR 20?5 6 ,ai l -1)ar,-P a r.(;! , r: -h (.1 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ .of4 #{"