Chinnam Satyanarayana Alias Rajura Satyam v. The State Of Telangana And 5 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 12212 OF 2020 Between:
Chinnam Satyanarayana alias Rajura Satyam, s/o. Peddanna, aged about 40 years, resident of Rajeev Nagar, Khanapur, Nirmal District (Erstwhile Adilabad District)' Telangana State ...pETrroNER AND
1. The State of Telangana, Rep. by its Principal Secretary to Government, Environment, Forests, Science and Technology Department, Telangana Secretariat, Hyderabad - 500 022.
2. The Prlncipal Chief Conservator of Forests and Head of the Forest Force (HoFF), Telangana, Aranya Bhavan, Saifabad, Hyderabad -500 004
3. The Conservator of Forests, Adilabad Circle, Adilabad, Telangana State.
4. The Authorized Officer and Forest Divisional Officer, Khanapur, Adilabad District, Telangana State.
5. The District Forest Officer, Nirmal District, Nirmal, Telangana State.
6. The Forest Range Officer, Khanapur Range, O/o. the Forest Divisional Officer, Khanapur, Adilabad District, Telangana State ...RES,'NDENTS 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 one in the nature of a Writ of lVandamus declaring the action of respondents in issuing impugned proceedings bearing Rc.No.723l2O19-201K3 dated 02.07.2020 of the fourth respondent/authorized officer in confiscating the petitioner's Tata Vehicle 407 EXz Van bearingNo.TSlST-1804 together with seized timber as arbitrary, illegal, against the principles of natural justice and against Section 29 (4) (a) (ii) of the Forest Act, 1967 and as the petitioner has proved that he is not involved in the commission of forest offence and set aside the same and consequently direct the respondents to release the petitioner's Tata Vehicle 407 EX2 Van bearing No.TS 1BT-1804 together with seized timber ?
lA NO: 1OF 2020 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 suspend operation of the impugned proceedings bearing Rc.No.72312019-201K3 dated 02.07.2020 issued by fourth respondent/authorized officer and direct the
respondents to release the petitioner's Tata Vehicle 407 EXZ Van beartng No.TS 1BT-1804 forthwith on any bank guarantee or any other undertaking to be furnished by the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: SRI G. RAMAN GOUD Counsel for Respondents: GP FOR FORESTS The Court made the following: ORDER
THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.I221 2 ot 2020 ORDER:
Heard learned counsel for the petitioner, and the learned Government Pleader for Forests.
It is a case where the petitioner challenges the confiscation order dated 02.07.2020 made under the Forests Act. lt is his case that he had filed an appeal on 25.07.2020 against the confiscation order along with a stay application, however, no orders were passed on the same. As it is likely to take some time for passing orders on account of the c,ovlD-19 situation, the petitioner prays for release of his vehicle pending passing of orders in the appeal, and the petitioner is ready to abide by the conditions as may be imposed by this Court. On the other hand, learned Government Pleader opposes the writ petition and submits that once confiscation orders are made, the right in the property vests with the State and in those circumstances, no release order may be made at this stage.
Learned Government Pleader also submits that the appellate authority may be directed to dispose of the appeal within a time bound manner so as to give finality to the issue.
various judgments that seized vehicle may be released during pendency of proceedings by imposing appropriate conditions, considering the facts and circumstances of the present case, the respondent authorities are directed to shall release the vehicle of the petitioner i.e., TATA Vehicle bearing No.TS-18-T-1804, subject to the petitioner furnishing Fixed Deposit Receipt or Bank Guarantee for the value of the vehicle as assessed by the [Votor Vehicle lnspector of Nirmal District. Subject to the above, the writ petition is disposed of. lt is made clear that the release of vehicle is subject to the orders to be passed in the appeal pending before the appellate authority. No costs lViscellaneous petitions, if any pending, shall stand closed Sd/.K.
MURALI ASSISTANT REG R //TRUE COPY// SE OFFICER To, The Principal Secretary, Environment, Forests, Science and Technology Deparlment, State of Telangana Telangana Secretariat, Hyderabad - SOO OZZ. The Principal Chief Conservator of Forests and Head of the Forest Force (HoFF), Telangana, Aranya Bhavan, Saifabad, Hyderabad -500 004 The Conservator of Forests, Adilabad Circle, Adilabad, Telangana State. The Authorized Officer and Forest Divisional Officer, KhanaprJr, Adilabad District, Telangana State.
The District Forest Officer, Nirmal District, Nirmal, Telangana State. The Forest Range Officer, Khanapur Range, O/o. the Folest Divisional Officer, Khanapur, Adilabad District, Telangana State One CC to Sri G. Raman Goud Advocate IOPUC] Two CCs to GP for Forests, High Court for the State of Telangana (OUT) Two CD Copies .I,_a o 7.
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IVBC \
HIGH COURT.
CKR,J DATED: 07/0812024 t" oFTE q o
ORDER
WP.No.12212 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS "t t:\ rB 8