Sherla Sai Krishna v. State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE T.AMARNATH GOUD WRIT PETITION NO: 14004 OF 2021 Between:

Sherla Sai Krishna, S/o. Sri Ramulu, aged 28 years, rlo. 2-BZ, Mamidipalli Village, Dadepalle Mandal, Mancherial District, Teiangana-50550.1 AND ...PETIT|ONER

1. State of Telangana, rep. by its Principal Secretary, Forest Department, Secretariat, Hyderabad.

2. The District Forest Ofiicer, Jannaram Division, Mancherial District. Telangana

3. The Forest Range Office, Tallapet Range, Jannaram Division, Mancheria-i District, Telangana.

4. The DeputyRange Officer, Dandepally, Tallapet Range, Jannaram Division, ft/ancherial District' Telangana ...RE''.NDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of [\,4andamus, declaring the action of the 3'd Respondent in failing to Pass Orders on the Application filed by the Petitioner, dated 2810412021 for Release of the Seized Vehicle bearing No. AP1 1Y6250 pursuant to the Registration of pOR No. 1353/55, dated 19/0412021 by the 4rh Respondent as illegal, arbitrary and contrary to the Provisions of Section 4a (3) o't A.P.

Forest Act 1967 and consequently direct the Respondents 2lo 4lo forthwith release the petitioner's seized vehicle mentioned above on such terms and conditions in the interest of justice, lA NO: 1 OF 2021 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 2 to 4lo forthwith release the Petitioner's Vehicle (TATA Ace) bearing No.AP1 1Y6250 seized pursuant to the Registration of POR No.1353/55, dated 19.04.2021 on such terms and conditions in the interest of Justice, pending disposal of the above writ petition.

Counsel for the Petitioner(s):SRl. MADAS BHARATH CHANDRA Counsel forthe Respondents: GP FOR FORESTS The Court made the following: ORDER

THE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.14OO4 OF 2021 ORDER:

This writ petition is filed, seeking to declare the action of 3d respondent in failing to pass orders on the application filed by the petitioner dated 28.04.2021 for release of the seized vehicle bearing No'AP11Y 6250 pursuant to the registration of POR No.1353/55, dated 10'04 2021 by the 4th l respondent as illegal and arbitrary.

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2. It is the case of the petitioner that the 3'd respondent has registered a case under POR No'1353/55, dated lg.O4.2O2l under the forest offence and seized the vehicle of the petitioner on the allegation of transporting contraband and hence the petitioner filed the application dated 28.04 .2021 before the forest officials seeking to release the vehicle. Since the said application is pending from April, 2021, tkle present writ petition is filed.

3.

Heard both sides.

4.

The learned Government Pleader for Forests submits that the vehicles that are seized under Forest and Wild Life Act for committing the offences, the said vehicles are subject matter of the seizure under the Act by the concerned officers'

5.

Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the respondent Forest Officials to decide the application made by the petitioner seeking release the vehicle in accordance with law as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order' Pending miscellaneous petitions, if any, shall stand closed.

SD/.K.ONESIM ASSISTANT REGISTRAR ,TRUE COPY// SECTION OFFICER

1. The Principal Secretary, Forest Department, State of Telangana, Secretariat, Hyderabad.

2. The District Forest Officer, Jannaram Division, Mancherial District, Telanqana

3. The Forest Range Office, Tallapet Range, Jannaram Division, Mahcheria'i District, Telangana.

4. The DeputyRange Officer, Dandepally, Tallapet Range, Jannaram Division, Mancherial District, Telangana.

5. One CC to Sri Madas Bharath Chandra, Advocate [OPUC]

6. Two CCs to GP for Forests, High Court for the Stat-e of Teiangana at Hyderabad tourl

7. Two CD Copies

8. One Spare Copy n To h-

HIGH COURT DATED:2310612021 TA ra a, ( tl tt a )o 01 JUL2$21

ORDER

-, l) WP.No.14004 ot 2021 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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