The High Court · 2025

4. Penugonda Srinivas, S/o Mangapathi, Age. 30, Occ. Agriculture, Ri/o H.No. 3- lSl2,Elumagaram Village, Eturnagaram Mandal, Mulugu District, Telangana - 506165.

5. Talladi Rangarao, Sio Venkateswarlu, Age. 34, Occ. Agriculture, Ri/o. H.No. 5- 24, Roheei Village, Eturnagaram Mandal, Mulugu District, Telangana - 506'165. .,...PETITIONERS ANO

1. The State of Telangana, Represented by its Principal Secretary, Department of Environment and Forests, Secretariat Buildings, Hyderabad.

2. The Principal Chief Conservator of Forests, ,n6 1ie.ad of Forest Force (HoFF), Aranya Bhavan, Saifabad, Hyderabad, Telangana State.

3. The Chief Conservator of Forests, Kaleshwaram Circle, Bhupalpally' Bhupalpally Jayashankar District, Telangana State.

4. The District Forest Officer, Mulugu District, Mulugu, Telangana. 5. The District Collector cum Chairman, District Forest Protection Committee, tvlulugu District, Mulugu, Telangana.

6. The Superintendent of Police, Mulugu District, Mulugu, Telangana. 7 B Union of lng!.ia, Represented by its Secretary, Ministry ol Road transport and Highways, Transport Bhawan, 1, Sansad M'arg, NewDelli - 1.10001.' Telangana State Audit Department, Rep By its Director. ,)irectorate of Staie Audit, 5th Flc,or, lnsurance Building, Ablds; Hyderabad I elangana. .....RESPONDENTS Petition Under Article 226 of rhe constitution of lncli;r praying that in the circumstances stated in the affidavit filed therewith, the ligh court may be pleased to issue a writ, direction or order more particularly c, re in the nature of a writ of Mandamus, declaring the proceeding bearing Fc No.1 i8zl2o16WL-2 daled 12.11.2022 issued by the Respondent No.2, wht:r'.'in permission was accorded to the Respondent No. 4 to collect toll charges unri er the nomenclature of 'Environmental IMaintenance charges from vehicles pzrr;sing through check posts situated within the territorial limits of the Eturnagaramr//ildlife Sanctuary as being illegal, arbitrary, contrary to the provisions of the wi ri ife (protection) Act, 1972, the National Highways Act, '1956 and the Natr.rat Highways Fee (Determination of llates and collection) Rules, 200g an I further viotation of Article 14, 19(1)(d), 21 and 265 of the constitution of lndia r nd consequenfly to set aside the same and further direct the Respondent Nos.1t irnd 4 to deposit the entire amounl already collected as toll under the guis;r; of the impugned proceeding into the lonsolidated Fund Account of the State Ci tvernment. LA.NO:1 OF 202s Petition Unde' section '1 51 cpc praying that in the circrrmstances stated in the affidavit filed in support of the petition, the High Court rr:i u be pleased to the suspend the proceeding bearing Rc.No.'l 1g2l2o16wl-2 datec 12.11 .2022 issued by the Respondent lrlo.2, pending disposal of the above writ I)r:tition. |.A.NO:2 OF 2025 Petition Under section 15'l cpc praying that in the cir'r,mstances stated in the affidavit filed in support of the petition, the High court rray be pteased to direct the Respondent No.8 to conduct a comprehensive aur: it of the entire toll collections made by the Respondent No.4 under the guisr: of the proceeding i bearing Rc.No. 1 1 82120 1 6M L-2 daled 12.1 1 .2022, pending disposal of the above writ petition. i. Counsel for the Petitioners : SRI CH.SATYA SADtIAN Counsel forthe Respondent Nos.1 to 5: GP FOR FORESTS Counsel forthe Respondent No.6: GP FOR HOME Counsel for the Respondent No.7 : SRI N.BHUJANGA RAO, DEPUW SOLICITOR GENERAL OF INDIA Counsel for the Respondent No.8 : GP FOR FINANCE AND PLANNING The Court made the following ORDER THE HON'BLE SMT. JUSTICE T. MADHI\\II DEVI .<,: > WRIT PETITION No.3O641 OF 2025 ORDER: In this vzrit petition, the petitioners ire challcrtging the letter dated 12. 11.2022 issued by respondent No.2, acco', ing pe rmission to the 4th respondent to collect charges under th nomenclature 'Environment Mzrintenance Charges' from the vc:ricles passing through check posts situated within the territorir limits of the Eturunagaram Wild Life Sanctuary, as illegal and arb rary.

2. Heard the learned counsel for the pett ioners, learned Government Pl:erder for Forests appearing for resportr;t:nts No.1 to 5, learned Government Pleader for Home appearing for rlspondent No.6 and the learned counsel for Central Government appearing for respondent No.7 and the learned Government PlezLr I er for Finance and Planning appearing for respondent No.8.

3. Learned counsel for the petitioners subnl 'ted that the petitioners are the local residents of the area arrd tht ,' are aggrieved by the collectior of toil amount even from the resider: t: of local area. I I

4. Learned Government Pleader for Forests has h -nishr:d a copy of the written instructions received by him on O : . IO .2025. In paragraph 6 of the instmctions, it is stated as under:- "It is subrtttted that the Enuironmental Maintenonc( |'hcr.rges are leuied exclusiuelg on non-local commerciol uehbles, r;rt:-h crs sand lorries and other goods tronsport uehicles, *-h t c ]iequent \ I -2 mouement through the sanctu(,ry maa impact the habttat. Alt tocar uehicles and agiculhtral uehicles are fuLLg exempted, ensunng that the agrartan communitA and_ resid.ents a.re not burdened. ThtS targeted approach und.erscores that the leuy is regulatory in nclture, reasonable and aimed solelg at findhcing conseruation, habitat manoge ment, check_po s t maintenance, and communitg _based eco tourism program-s. Such exemptions and focus on commercial traffic demonstrate the equitable and non_arbitrary exercise of statutory pouers under Sections 28,33 and 64 of the Wildlife (Protection) act. 1972. "

5. In view of the above admission of the Forest Divisionai Officer that no toll is being collected from the local residents and agrarian community of the local area are fully exempted, this Court is inclined to close the writ petition. However, liberty is granted to the petitioners to approach this Court, if they have any further grievance. There shall be no order as to costs. Miscellaleous lpglications, if any, pending in this writ petition stand closed. //TRUE COPY// SD/. B. REKHA RANI s TANT REGIST CTION OFFICER I To

3. 4 5 Two CCs tc, cp FOR FO RESTS, High Court for the S Hyderabad tOUI Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State of Telangana at Hyderabad touTl Two CCs to Hyderabad. tourl One CC to One CC fo INDIA, Ad vocate (OPUC GP FOR HO ME, High Court for the State of Telangana at SRI CH.SATYA SAD HAN, Advocate SRI N.BHUJANGA RAO, DEPUry S loPUcl OLICITOR GENERAL OF of Telangana at

6. Two CD Copies SA I I I l I I },> I 1,ial HIGH COURT DATED:091'1012025 ORDER WP.No.30641 of 2025 I CLOSING THE W.P WITHOUT COSTS'