High Court · 2025

1. Tummala Srinu, S/o. Rangaiah, lndian, Aged: 41 yearc, Occ: Labour, Rl/o.Mounikunta, Musthabad Mandal, Kamareddy District.

2. Sakath Sitharam, S/o. Shekin, lndian, Aged: 36 years, Occ: Labour, F|/o. [t/lounikunta, Musthabad Mandal, Kamareddy District. ...PETITIONERS AND 1 The State of Telangana, Represented by Principal Secretary, Forest, Environment and Rural Development Dpt., Secretariat, Hyderabad. 2 3 4 5 The Chief Conservator of Forest, Telangana State, Saifabad, Hyderabad. The Conservator of Forest, Kamareddy. The Divisional Forest Officer, Kamareddy The Forest Range Officer, Machareddy Range, Kamareddy District. ...RESPONDENTS 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 pleased to issue any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing the vehicles of the petitioners vehicles bearing No.TVS XL 100 TS23E6O72 and Hero Spender Plus TRTGO7DTR2655 and not releasing the same as null, void, illegal, arbitrary and consequently direct the Respondents to release the seized vehicles bearing No.TVS XL 100 TS23E6O72 and Hero Spender Plus TRTGO7DTR2655 forthwith. .t 7 lA NO: 1 OF 2024 Petition under Iiection 1 51 cpc praying that in the circum stances stated in the affidavit filed irr support of the petition, the High court may be pleased to direct the Responderts to release the seized vehicles bearing N r.TVS xL 1 o0 T523E6072 and Ht_.ro Spender plus TRTGO7DTR2655 fortlrwith pending disposal of the above rvrit petition. Counsel for the Petitioners: M/s. SARITHA MODUKURU Counsel for the Respondents: AGp FOR FORESTS The Court made the f :llowing: ORDER i_r' Y HON'BLE MRS. JUSTICE SUREPALLI NANDA w TP TION o.342 1()F 20 24 ORDE R: Heard Sri Saritha Modukuru, learned counsel appearing on behalf of the petitioners and learned Assistant Government Pleader for Forests, appearing on behalf of resPondent Nos.l to 5. 2 The petitioners approached the Court seeking prayer as under: "...to issue any appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in seizing the vehicles of the petitioners vehicles bearing No'WS XL 100 TS23E6O72 and Hero Spender Plus TRTGO7DTR2655 and not releasing the same as null, void, illegal, arbitrary and consequently direct the Respondents to release the seized vehicles bearing No.WS XL 1OO TS23E6O72 and Hero Spender Plus TRTGO7DTR2655 forthwith and to pass"'"' Learned counsel for the petitioners submits that petitioners 3. are the absolute owners of vehicles bearing No'TVS XL 100 TS23E6O72 and Hero Spender Plus TRTG07DTR2655 and. when they were returnlng from the fields in the middle of the forest \ I \,tP 34231 2024 area, resporrdent No.5 had foisted a false casr3 in POR 2 No.201385 dar.ed 22.06.2024 for the oFfence under Se,::tion 9 r/w 2 (16),39 an(l 57 of Wild Life Protection Act, L972, uncler Section 51 of Telangirna Forest Act, 7967 against the petitoners and seized the said subject vehicles, which are very much important for the petiti,)ners to do their daily work and to lravel long distances fronr their residence to their agricultural fields and to attend other household works.

4. Though \/arious grounds are raised in this wr t petition, learned.counserl for the petitioners restricts their pra'yer to the extent of release of the subject vehicles which are e:rsential for the petitioner:; to attend tfreir day-to-day household works and other works and further submits that petitioners urould also furnish a bonc for a sum of Rs.5,000/- to the satir;faction of respondents end pray this Court to direct the respondents to release the su rject vehicles.

5. Learned Government Pleader for Forest sut,mits that petitioners sut)iect vehicles have entered into the Res€'rve Forest and the respor dent authorities have rightly registered a case in case in POR No.20l385 for the offence under Section 9 r/w 2 (16), 39 and 57 of Wild Life Protection Act, 1972, under Ser:tion 51 of L wP 34231 2024 Telangana Forest Act, 1957 against the petitioners and the 3 case is pending before the concerned learned Judicial First Class Magistrate, Kamareddy, however the learned Government Pleader for Forests on instructions reports no objection to the extent of release of the petitioners vehicles bearing Nos. TVS XL 100 TS23E6O72 and Hero Spender ptus TRTGO7DTR2655 subject to certain specific conditions to be imposed by this Court.

6. Recording the above submissions made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of, dlrecting the respondents to release the petitioners vehicles bearing No TVS XL 100 TS23E6O72 and Hero Spender Plus TRTGO7DTR2655 subject to following conditions: I I

1. The petitioners shall furnish a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties for a tikesum each to the satisfaction of the Divisional Forest Officer, (respondent No.4).

2. The petitioners, in addition, shall file an affidavit before the said Officer stating that the petitioners shatt not alienate, encumber or transfer, in any manner, the said vehicles.

3. The petitioners shall also furnish an undertaking that the petitioners shall produce the aforesaid 4 sN-J 'NP_34231 2024 vehicles as and when directed No.4. by the respondent

4. The aforesaid affidavits shail be fited within a periccl of four weeks from the date of receipt of copy of this: order.

7. With the above directions, the Writ petition is disposed of. There shall be no order as to costs.

8. It is mader clear, that this order will not have any )earing on the procee(rings pending before the Judiciar F rst. crass Magistrate, Ka mareddy and the respondent authoritir-'s are at liberty to pas:; appropriate orders by following due procedure contemplated r- nder law. The misc:llaneous applications, if any pending, shall stand closed ,,TRUE COPY// N \: ^'s'J;}J,1,1'S\3'"#J \)'u ;="''oN oFFrcER ". ro' r r r'" e,'Tpl[,"#151*"[l;,3i1 -t :tfgrt 2. The Chief Con:prvator of Forest' Telangana S' 3. The Conservatcr of Forest' Kamareddy' 4. The Divisional F orest Officer' Kamareddy 5. The Forest R"g" ofR""'' Machareddy Range' Kamareddy Districtr :',:: ;# : : r. :": :. MODUKURU' Advocate IOPUCI , 6. One CC to M/;' 'O*'-*O court ror the state ,r reransana at ' ly3"33iol?'St;:I*"t '"nn a. Two cD coPies y' ' ---lvtP- HIGH COURT DATED:3010112025 .\ 2 2 APil 2S6 ,-l * o r:.SnaTC\-!' ORDER WP.No.342ii1 of 2024 DISPOSING OF THE WRIT PETITION WITHOUIT COSTS ,// 4z / .a __