K. Sudhakar Reddy Chittoor Dist v. Secretary Forest Dept. Guntur Dist And 2 Others

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.19039 of 2017 ORDER :

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

" to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents refusing to release the petitioner Tractor and Trailer bearing Registration No.AP 03 T 6267 and AP 03 T 6268 respectively for interim custody as arbitrary, illegal and unjust and consequently declare that the action of the respondents is illegal, contrary to law and without jurisdiction and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice."

Heard the learned counsel for the petitioner and the learned Government Pleader for Forest for respondents and perused the prayer and affidavit filed in support of the writ petition along with material. As per Section 44 of the A.P.Forest Act (for short 'the Act') and also as per the expressions in State of West Bengal v. Sujit Kumar Rana1, State of A.P. v. P.K.Mohd2 and Mohd.Yaseen v. F.R.O.3 with regard to exclusive jurisdiction of the Forest Department Officials for confiscation, once the property was brought to them under the Act, the petitioner has to make an application within a period of one week to the Assistant Conservator of Forests, Tirupati, for release of the vehicle and the Assistant Conservator of Forests, Tirupati, shall consider the same and pass appropriate orders on merits, within a period of two weeks thereafter.

If the petitioner has any further grievance, it is left open to him to agitate the same in accordance with law. With the above direction, this Writ Petition is disposed of at the stage of admission. No order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. _________________________ Dr. B.SIVA SANKARA RAO J, Date:14.06.