High Court for State of TelanganaWP/10228/2023disposed of no costs

Peddakasu Srinu v. The State Of Telangana

2023-04-26J Sreenivas Rao6 pages

[ 3303 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO WRIT PETITION NO: 10228 OF 2023 Between:

1 . Peddakasu Srinu, S/o. Ellaiah aged about 34 years, Occ. Driver of the Vehicle No.AP 15 AC 5724 R:/o. Eeshwaragude, Kothaguda Mandal, Mahabubad District

2. Peddakasu Nagaraju, S/o. Ellaiah aged about 32 yearc, Occ. Owner of the Vehicle No-AP 15 AC 5724 R/o. Eeshwaragude, Kothaguda Mandal, MahabubadDistrict

3. Kathula Sarangapani, S/o. Narsaiah aged about 42 yea$, Occ. Driver/Owner of the Vehicle No. TS 24 A 5462 R/o- Eeshwaragude, Kothagudam Mandal, Mahabubad District ...PETITIONERS AND

1. The State of Telangana, Rep by its Prl. Secretary, Forest Dept., Secretariat Buildings, Saifabad, Hyderabad

2. The District Forest Officer, (DFO) Kothagudam, Mahabubad District

3. The Forest Rage Officer, (FRO) Karilai Range, Kothaguda, Mahabubad District

4. The Forest Section Officer, Karilai Range, Kothaguda, Mahabubad District ...RESPONDENTS Petition under Ariicle 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 one in the nature of Writ of Mandamus, declaring the action of the Respondents in seizing the Vehicles of the petitioners bearing No. AP 15 A C 5724, (Dozar Blade Tractor) belonging to the '1st and 2nd petitioners, TS 24 A 5462 (Dozar Blade Tractor) belonging to the 3rd petitioner herein which are seized by the respondents herein U/Sec.2o (1)(c) (ii) (iii) (iv) (vii)and (ix) of Tetangana Forest Act. 1967 Et Uls.2t', 29 Et 31 of Witd Lifb Protection Acl. 1972, vide CC No.

363 of 2021, on the file of the court of the JFCM, at Narasampet in connection with preliminary offence report No. 25g9/52, dt.11-04-2021, stating that the petitioners illicit clearance of forest trees and bush growth and disturbed the habitation of wild life in RF compartment No.

erstwhile Warangal district and consequently direct the respondent to release the above petitioner's vehicles to the petitioners forthwith. lA NO: 1 OF 2023 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 respondent to release the petitioner's vehicles bearing No. AP 15 A C 5724, (Dozar Blade Tractor) belonging to the 1st and 2nd petitioner, TS 24 A 5462(Dozar Blade Tractor) belonging to the 3rd petitioner herein which are seized by the respondents herein U/Sec.20 (t )(c) (ii) (iii) (iv) (vii) and (ix) of Telangana Forest Act. 1967 Et U/s.27, 29 Et 31 of Wild Life Protection Act. 1572' vide CC No. 363 of 2021 , on the file of the court of the JFCM, at Narasampet in connection with preliminary offence report No.2589/52, d1.11-U4-2O21 to the petitioners forthwith pending disposal o[ the main Writ petition.

Counsel for the Petitioners: SRI SETTY RAVI TEA FOR SRI. SAMBASHIVA RAO MASHIRAPU Counsel for the Respondent Nos.1 to 4: AGP FOR FORESTS The Court made the following: ORDER

HON'BLE SRI JUSTICE J.SREENTVAS RAO W.P. No.1O22a OF 2o23 ORDER:

This writ petition is hled seeking Writ of Mandamus declaring the action of the Respondents in seizing the Vehicles of the petitioners bearing No.AP 15 A C 5724(Dozar Blade Tractor) belonging to the lst and 2"d petitioners, TS 24 A 5462(Dozat Blade Tractor) belonging to the 3ra petitioner herein which are seized by the respondents herein U/Sec 20 (l )(c)(ii)(iii)(iv)(vii)and (ix) of Telangana Forest Act, 1967 and U/s. 27,29 & 3l of Wild Life Protection Act, 7972 vide CC. No.363 of 2021, on the file of the court of the JFCM, at Narasampet in connection with preliminary offence report No.2589J52, dt. ll-O4-2O21, stating that the petitioners illicit clearance of forest trees and bush growth and disturbed the habitation of wild life in RF compartment No.1017 of Beat Thirumalagandi Section, Karlai Section, Kothaguda Range of Mahaboobad district erstwhile Waranga-l district and consequently direct the respondent to release the above petitioner's vehicles to the petitioners forthwith.

Heard Sri Setry Ravi Teja, learned counsel representing Sri Sambashiva Rao Mashirapu, learned counsel for the petitioners and learned Assistant Government Pleader for Forest appearing for respondent Nos.l to 4.

, / i I I I

Learned counsel for the petitioners submits that respondents seized the petitioners, vehicles bearing No.Ap 15 AC 5724(Dozar Blade Tractor) belonging to petitioner Nos.l and 2 and TS 24 A 5462(Dozar Blade Tractor) belonging to the petitioner No.3 on l1 .O4.2021 without following the provisions of Telangana State Forest Act, 1967.

Per contra, learned Assistant Government pleader for Forests submits that respondents seized the petitioners, vehicles because the petitioners committed forest offence and after following the provisions of Telangana Forest Act, 196T and Wild Life Protection AcL, 1972 initiated the proceedings and filed charge sheet and the same was numbered as CC.No.363 of 2O21 on the fiie of learned Junior First Class Magistrate at Narasampet. The vehicles are in the custody of Forest Divisional Officer Kothaguda Range.

In view of the submissions made by the respective counsels, the writ petition is disposed directing the respondents to release the petitioners' vehicles bearing No.AP l5 AC 5724(Dozar Blade Tractor) betonging to petitioner Nos. I and 2 and TS 24 A 5462(Dozar Blade Tractor) belonging to.the petitioner No.3 subject to the petitioners furnishing Fixed Deposit Receipt from any nationalized bank to an extent of value of the vehicle assessed by

the Motor Vehicle Inspector and an undertaking that the petitioners shall produce the vehicles whenever required by the concerned officials and also not to create any third parties rights over the subject vehicles.

Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed.

SD/. MOHD.ISMAIL ASSISTAUI REGISTRAR //'RUE coPY// sEc.-f,EN oFFrcER To, The Principal Secretary, Forest Department, State of Telalgana, Secretariat Buildings, Saifabad, Hyderabad The Diskict Forest Officer, (DFO) Kothagudam, Mahabubad District The Forest Rage Officer, (FRO) Karilai Range, Kothaguda, Mahabubad District The Forest Section Officer, Karilai Range, Kothaguda, Mahabubad District One CC to SRl. SAMBASHTVA RAO MASHIRAPU Advocate [OpUC] ].wg CCs to QPJgr Forests, High Court for the State of Tetanlana atHyderabad. [OUTI Two CD Copies J CHR SW

.1 HIGH COURT DATED:2610412023 rrE Sl4 i5

ORDER

W.P.No.10228 of 2023 a\\ \ Lr [ 3 iaiil zlm ,., DISPOSING OF THE WRIT PETITION WITHOUT COSTS C)