MedisettvMahesh v. 1. The State of Telangana

PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances stated in the affidavit filed therewith' the High Court may be pleased to pass an orders, or issue any directions or issue any appropriate writ moreparticularlyinthenatureofWR|ToFMANDAMUSdeclaringtheactionof respondents, more particularly the respondents No' 3 and 4 in illegally detaining thepetitionersvehiclei.e.,MarutiSwiftDzireCarbearingNo.TS30A0434(Shown asTS130A0434inPoRNo.1029/112)inconnectionwiththeallegedoffencein PoRNo.lo2glll2dated2Slogl2024asbeingillegalandarbitrary,consequently directtherespondentsNo.3and4toreleasethesaidpetitionersMarutiSwift Dzire Car bearing No.T530A0434 (Shown as TS130A0434 in POR No' 1029/1 i2) in connection with POR No. 1029i 1 1 2 daied 231O912O24' l- lA NO: 1 OF 2024 Petition under section 151 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 Respondents No. 3 and 4 to release petitioners Maruti swift Dzire car bearingNo.TS30A0434(ShownaSTS130A0434inPoRNo.,1029/112)in connection with POR lto. 1O29t112 dated 2310912024 pending disposal of main Writ Petition in the interest of Justice. Counsel for the Petitioner : SRI ALLURI DIVAKAR REDDY Counsel for the Respondents: ASST. GP FOR FORESTS The Court made the following: ORDER (-\ HON'BLE MRS. JUSTICE SUREPALLI NANDA w ORD ER: N 3 o9 t 4 Heard Sri Alluri Divakar Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Forests' appearlng on behalf of respondent Nos.1 to 4- 2 The petitioner approached the Court seeking prayer as under: "...to issue an orders or issue any directions or issue any appropriate writ more particularly in the nature of WRIT OF declaring the action of respondents more MANDAMUS the respondents Nos'3 and 4 in illegally particularlY detaining the petitioner's vehicle ie Maruti Swift Dzire Car bearing No. TS30A0434 (Shown as TS130AO434 in POR No.1029/112) in connection with the alleged offence in POR No.1029 /lL2 dated 23lOg/2O24 as beinq illegal and arbitrary consequently direct the respondents Nos'3 and 4 to release the said petitioner's Maruti Swift Dzire Car bearing No.TS30A0434 (Shown as TS130A043a in POR Nd' POR No.1029/112 dated l}2g/tlz) in connection with Z3lOgl2O24 and to 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 squarely cov,_.red by the order of Division Bench of this Court dated 22.08..2023 passed in W.A. No.83B of 2023 and therefore the petitioner herein is entiUed for the similar relief. ,vp rozos_s2}2i

4. The lea rned Assistant Government pleader for Forests, appearing on beharf of respondent Nos.1 to 4 submits that the order dated 22.08.2023 in W.A. No.83B ot 2023 passed by the Division Bench of this court, cannot be foilowed in view of the judgment dated 17.O8.2O0O in Crt. Appeat No. G68 of )OOO passed by Drivision Bench of Apex Court of fndia in the case of (2OOO) 7 Suoreme Court Cases gO and in particular places reliance on para Nos.7 and g of the said judgment. The relevant portion of para Nos.7 and g of the saic, judgment dated 17.08.2000 in Crl. Appeal No.668.of 2000 is extracted at of ar a rt hnan e k v u K hereunder: "7. The c()urts cannot shut their eyes and ignore their obligations indicated in the Act enacted for the purposes of protecting ;rnd safeguarding both the forests and their produce. Thr: forests are not only the natural wealth of the country but also protector of human life by providing a clean and unpollut,3d atmosphere. We are of the considered view that when ary vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not 3 SN. J wP 36209 2074 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 Officer and the High Court completely lgnores 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 C1.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 petation is disposed of with the following condit'ons:

1. The petitioner shall furnish a bank guarantee for a sum of RS'5O,OOO/- (Rupees Fifty thousand only) with two sureties for a like sum each to the satisfaction of the Forest Divisional Officer, Khanapur, Nirmat District and the Deputy Range Officer, Pandavapur, Kaddam Range' Nirmal District. \ t 4 wP 3620e:ilii ,l I

2. The petitioner in addition, shall file an affidavit before the said Officer stating that he shall not alienate, encumber or transfer, in any manner, the said vehicle r-, e., Maruti Swift Dzire Car bearing No. TS3OAO434 (shown as TS13OAO434 in POR No. tO29/112).

3. The aforesaid affidavit shall be filed within a period of four (4) weeks the date of receipt of copy of this order.

4. The petitioner shal! also furnish an undertaking that he shall produce the aforesaid Maruti Swift Dzire Car as and when directed by the Forest Divisaonal Officer, Khanapur, Nirmal District and the Deputy Range Officer, Pandavapur, Kaddam Range, Nirmal District. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. -- rqsllrenrne SD/-K. SREE RAMA /ITRUE coPY,/ ul "Jiecrrou MURTHY GISTRAR OFFICER ' i *#u$*1ryrffd[**',,***;;" ,. lo#1o copie:s BSK BS HIGH COURT DATED:13102t2025 ORDER WP.No.36209 ot 2024 DISPOSING OF THE WRIT PETTTION WITHOUT COSTS :""- I I s14 ,( ,-.'e q- '-) (j 2 B FEB 2ilz5 I 2 C I i {)t..,.,6 \-----.-- Tc1-ttr't ::=r' i