High Court · 2025

...RESPONDENTS Petition under Articre 226 ot the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of WRIT oF MANDAMUS decraring the action of the 3 to sth respondents in not releasing the petitioners vehicle registration bearing No. TS 3s r 72s6 vehicre type John Deer 5310 v5, Tractor BS ilr A, coror Green, chassis No. 1PY5310ETKA,44421 Engine No. py3029H131308 Fuel used dieser is iregar, arbitrary, without jurisdiction vioration of the fundamentar rights guaranteed under i I l the constitution of lndia consequently direct the 3 to Sth respondents to release the petitioners above mentioned vehicle. lA NO: 1 OF 2025 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 3 to 5th respondent to release the petitioner's vehicle registration bearing No. TS 35 T 7256 vehicle type John Deer S31O VS, Trdctor BS lll A, Color Green, Chassis No. 1PY5310ETKAO44421 Engine No. py3029H131308 Fuel used diesel forthwith pending disposal of the main writ petition. Counsel for the Petitioner: SRI AMBEDKAR DUNNA Counsel forthe Respondents No.1 to 4: GP FOR FORESTS Counsel for the Respondent No.S: GP FOR HOME The Court made the following: ORDER THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.75 of 202 5 ORDER: Heard learned counsel for the petitioner and learned Government Pleader lor Forest appearing for the respondent Nos. I to

4. With their consent, this writ petition is disposed of at the stage of admission. 2 This writ petition is filed seeking the following prayer: "to declare the action of the 3 to 5th respondents in not releasing the petitioner's uehicle registration bearing N o.TS-3 S -T-22 56 uehicle tgpe John Deer 5310 VS Tractor BS III A, Color Green Ctutssis No. 1 PY53 1 OETKAO4442 1, Engine No PY3O29H I 3 1 3O8, Fuet used_ diesel o.s illegal arbitrary uithout juisdiction uiolation of the fundamental ights guaranteed under the constitution of India ansequently direct the 3 to 5n respondents to release the petitioners."

3. The briel facts of the case are that the petitioner claims to be owner of vehicle registration bearing No.TS-35-T-7256 vehicle type I John Deer 53 I O V5 Tractor BS III A, Color Green Chassis No. lPY5310ETKAO44421, Engine No PY3029H131308 and eking out livelihood through renting the said Tractor. However, respondent authorities seized the Tractor belongs to petitioner and registered a case vide, POR No.203 of 2O23, dated 26.09.2024.

4. Irarned counsel for the petitioner further draws attention of Court that in simiiar circumstances, the respondent therein I I 2 confrscated the vehicle of the petitioner therein by the District Forest Officer therein and the Hon'ble Court in WP No. 17776 of 2023, d,ated 19 .OZ .2023, passed the following order: "Hence, the Writ Petilion is allou.ted. The District Forest Offtcer, Rajanna Sircilla and Karimnagar Dbtrict, is directed to release the subject uehicle, i.e. the uehicle beaing Registration No. AP-25- AD-3856, on the petitioner executing a bond for Rs.2O,OOO/ - (Rupees Tu.tentg Thousand Onlg) with two sureties for like-sum each to the satisfaction of the said offtcen Al-so, the identitg particulars of the petitioner and his entitlement i.e., his ou.tnership ouer the subject propertA shouLd- al,so be taken into consideration. The uehicle be released on production of tle required soluencg within a penod of fifteen (15) dags from the date of this order. "

5. Learned counsel for the petitioner further submits that, respondents authoritics in WP No. 17776 of 2O23, has preferred WA No.838 of 2023, wherein the Honble Division Bench, disposed of the said Writ Appeal, on 22 .O8.2O23 with the following direction: " 1O. ln the peanliar facts of this case, ue direct o"s fotlotus:

1. The respondent shall fumish a bond for a sum of Rs.1O,OOO/ - (Rupees ftfty thousand onlg) with two suretbs for a likesum each to the satisfaction of the Di.strict Forest Officer, Raja nna- Sircitla and Korimnagar District (appellant No.2). 2. The respond.ent, in addition, shall file an afftdauit before the said Offtcer stating that he shall not alietate, encumber or transfer, in any manner, the tractor i.e., John Deer Tractor bearing registration No. AP-2 5-AD-38 56. 3. The aforesaid aJftdauit shall be filed within a period of four ueeks from todaA.

4. The respondent shall also furnish an undertaking that he shall produce the aforesaid tractor as and when directed bg the District Forest Offir:er, Rajanna-Sircilla and Karimnagar Dtstict. 11 To the aforesaid ertent, order dated i9.07.2O23, passed bg the learned Single Judge, in W.P.No.17776 of 2023, is modi,fi.ed. 1 2 . Accordingly , the appeal is disposed o/ lVo costs. ,,

6. Though various ground are raised in this writ petition, learned counsel for the petitioner restricts his prayer to release the Tractor, as the petitioner is eking out his livelihood through his Tractor and further submits that petitioner would also furnish a bound for a sum of Rs. 1,0O,O00/- to the satisfaction of respondents and pray this Court to direct the respondent authorities to release the vehicle. 7 . Learned Government Pleader for Forest submits that petitioner Tractor has entered into the Reserve Forest and the respondent authorities has rightly registered the pOR No.203 of 2023, dated

26.09 .2024, however on instructions reported no objection to the extent of releasing the petitioner's Tractor,. subject to the conditions imposed by this Court.

8. Recording the above submission made by learned counsel on either side, and the reasons alike in WA No.838 of 2023, d,ated

22.08.2023, this writ petition is disposed of, directing the respondent authorities to release the petitioner's Tractor i.e., bearing No. TS-35-T- 7256, Vehicle Type John Deer 531O V5, Tractor Bs-lll A, within in a period 'of four (04) weeks, subject to fullillment of the following conditions: ,l .1 1 . The petitioner shall furnish a bond for a sum of Rs. 1,OO,0OO/ - (Rupees One Lakh onlg) toith one suretg for a likesum eoch to the sotisfaction of the respondents.

2. The petitioner, in addition, shall file an afftdauit before the said Officer stating that theg sholl not alienate, enatmber or transfer, in any manner, the said tractor.

3. The petitioner shall also fumish on" undertaking that theg shall produce the aforesaid tractor as and u-then directed by the respondents.

4. The aforesaid affidauits shall be filed uithin a peiod of four uteeks from tlrc date of receipt of copg of this order.

9. In so far as the plantation of new plants to the extent of damage cause to the forest land by the petitioner, this Court deem it appropriate to pass following order in addition to the conditions i.e., 1 to 4 imposed supra. lO. The petitioner is directed to plant 5OO new plantations in the Forest area, which is damaged to an extent of O.28 Ha in Compartment 'Nd655, ol the Reserve Forcst, Kodimyala Beat, Ambaripet Sec[ion. I 1. l,earned Gove rnme nt Pieader submits that unless there is direction from the Court, the Forcst Department will not supply any saplings or any other plantations 5

12. [n view oF the above, the respondent No.2 who are holding the saplings/ plants arc directed to supply 500 saplings/ plants to the petitioner e nabling him to plant the plantations and the Forest Department are further directed to assist the petitioner for the purpose of identifying the Compartment No.655, where according to respondents the petitioner had illegally encroached and enable the petitioner to plant the plantations as directed above, within a period of three weeks from the date of receipt of copy of this order.

13. It is made clear, that this order will not have any bearing on the pending proceeding in POR No.203 of 2023, dated 26.09.2024 before the concerned Trial Court. L4. Accordingly, this writ petition 1S disposed of. Miscellaneous applications, i[ any pending, shall stand ciosed. No order as to costs. SD/.T. TIRUMALA DEVI ASSISTANT REGISTRAR /ffRUE COPY//. TION OFFICER To,

7. L o The Principal Secretary, (Forest) Department, State of Telangana, secretariat Buildings Hyderabad The District Forest Range Officer, Jagitial, Jagitial District' The Forest Section Officer, Kothalapur, Jagitial District' TheForestBeatOfficer,Ambaripet,KothalapurSection,MetpalRange' Jagitial District. The Station House officer, Kathalapur Police station Kathalapur Jagithyal District One CC to SRI AMBEDKAR DUNNA, Advocate [OPUC] TwoCCstoGPforForests,HighCourtfortheStateofTelanganaat Hyderabad. [OUTI TraloCCstoGPforHome,HighCourtforthestateofTelanganaat Hyderabad. [OUT] Two CD CoPies MP \nt HIGH COURT DATED:0 310112025 1( c J o r) { E STA re: 2 I JIN 2025 C a t Oa S n.1C ORDER WP,No.75 ot 2025 I t I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS @W