High Court · 2025

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 a Writ, Order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the Respondents, more particularly that of the 3rd Respondent in seizing Sonalika Tractor bearing No. TS 17 U 0059 belonging to the Petitioner in connection with the alleged offence in POR No. 02122 dated 3111012023 is challenged in this Writ Petition as being arbitrary, illegal and violative of Articles 14, 19 (1) (il,21 and 300-A of the Constitution of lndia and consequently direct the 3rd Respondent to release Sonalika Tractor bearing No. TS 17 U 0059 belonging to the Petitioner in connection with the alleged offence in POR No. 02122 dated 3'111012023. lA NO: 1 OF 2024 Petition under Section 'l 51 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 3 Respondent to release Sonalika Tractor bearing No. TS '1 7 U 0059 belonging to the Petitioner in connection with the alleged offence in POR No. 02122 dated 3111012023 by considering third party security pending disposal of the writ petition. Counsel for the Petitioner: SRI ANUGU SANJEEVA REDDY Counsel for the Respondents: AGP FOR FORESTS The Court made the following: ORDER HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.35574 of 2024 ORDER: Heard Sri Anugu Sanjeeva Reddy, learned counse! appearing on behalf of the petitioner, learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.1 to 3.

2. The petitioner approached the Court seeking prayer as under: "...to issue a Writ Order or direction more particularly a Writ in the nature of Mandamus declaring the action of the Respondents more particularly that of the 3'd Respondent in seizing Sonalika Tractor bearing No. TS 17 U 0059 belonging to the Petitioner in connection with the alleged offence in POR No.02l22 dated 3l/tO/2O23 is challenged in this Writ Petition as being arbitrary, illegal and violative of Articles 14, 19 (1) (g) 21 and 3004 of the Constitution of India and consequently direct the 3'd Respondent to release Sonalika Tractor bearing No. TS 17 U 0059 belonging to the Petitioner in connection with the alleged offence in POR No 02/22 daled 31/70/2023 and pass...". PERUSED THE RECORD

3. The learned counsel appearing on behalf of the petitioner submits that the subject issue in the present writ petition is 2 SN, J wP 15574 2024 squarely covered by the order of Division Bench of this Court dated 22.08.2023 passed in W.A. No.B3B of 2023 and therefore the petitioner herein is entitled For the similar relief.

4. The learned Assistant Government Pleader for Forests, appearing on behalf of respondent Nos.1 to 3 submits that the order dated 22.08.2023 in W.A. No.B38 of 2023 passed by the Division Bench of this Court, cannot be followed in view of the judgment dated 17.O8.20OO in Crl. Appeal No. 668 of 2OOO passed by Division Bench of Apex Court of India in the case of Clrla of Karn -+rl,- lr6FGr rs K. Kri hn rana:+azl (2OOO) 7 Suoreme Court Cases 8O and in particular places reliance on para Nos.7 and B of the said judgment. The relevant portion of para Nos.7 and 8.of the said judgment dated 17.08.2000 in Crl. Appeal No.668 of 2000 is extracted hereu nd er: "7. The courts cannot shut their eyes and ignore their obligations indicated in the Act enacted for the purposes of protecting and safeguarding both the forests and their produce. The forests are not only the natural wealth of the country but also protector of human life by providing a clean and unpolluted atmosphere. We are of the considered view that when any vehicle ls seized on the allegation that it was used for committing a forest offence. the same shall not 3 SN, J wP 35574 2024 normally be returned to a party till the culmination of all the proceedings in respect of such offence. including confiscatory proceedings, if any. ,8. The approach adopted both by the Authorised Offlcer and the High Court completely ignores the importance of the forests and the purpose of the object for which the Act was made. As the appellant-State has not prayed for quashing the order of the Authorised Officer we refrain to deal with that even though we do not approve it. We are, however, satisfied that the High Court had adopted a very casual approach while disposing of the petition under Section 482 of the Code of Criminal Procedure. Besides that the order impugned is contrary to law, we have our reservations with respect to the powers of the High Court under Section 482 Cr.P.C. in the matter which we do not express in this case".

5. Taking into consideration the view of the Apex Court in the Judgment referred to and extracted above, the writ petitaon is disposed of with the following conditions: q I

1. The petitioner shall furnish a bank guarantee for a sum of Rs.5O,OOO/- (Rupees Fifty thousand only) with two sureties for a likesum each to the satisfaction of the District Forest Range Officer, Kamareddy, Kamareddy District.

2. The petitioner in addition, shall affidavit before the said Officer stating file an that he I I r'l.i 4 SN, J wP 35574 2024 shall not alienate, encumber or transfer, in any manner, the tractor i.e., Sonalika Tractor bearing Registration No.TS- 17-U-OO59.

3. The aforesaid dffidavit shall be filed within a period of four (4) weeks from today.

4. The petitioner shall also furnish an undertaking that he shall produce the aforesaid Tractor as and when directed by the District Forest Range Officer, Kamareddy, Kamareddy Dastrict. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. .,.t . -.. SD/. T. TIRUMALA DEVI ASSISTANT REGISTRAR //TRUE COPY// $,L- ON OFFICER 'o'', . ,n" Principal Secretary, Forest Department' Secretariat' Hyderabad' State of Telangana.

2. J 4 q TheForestDivisionalofficer,Kamareddy,KamareddyDistrict. The Forest Range Officer, Kamareddy' Kamareddy District' One CC to SRI ANUGU SANJEEVA REDDY' Advocate IOPUCI Two CCs to GP FOR FORESTS' High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD CoPies BSR GJP I i HIGH COURT DATED: 1310212025 ORDER WP.No.35574 o12024 tici';"tc: -:\ o ( \ 3 2ir"Bil6 I 7 2 a i i,'.t{f t4 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS a(