Dakoju Rajamouli v. The State Of Telangana And 4 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18084 OF 2019 Date:22.08.2019 Between:

Dakoju Rajamouli, S/o. Shankaraiah, Age 44 years, Occ: Carpenter, R/o.H.No.3-9/1, Jaggalahpally Village, Mankondur Mandal, Karimnaga District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Environment, Forests, Science and Technology (FOR-I) Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18084 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Forests.

2.

By order dated 19.07.2019 the District Forest Officer, Rajanna Sircilla and Karimnagar, the 4th respondent, passed orders confiscating the Mini Saw Mill along with accessories involved in the offence. Aggrieved thereby, the petitioner preferred an appeal before the Conservator of Forests, Karimnagar Circle, Karimnagar, the 2nd respondent, on 13.08.2019. Along with the said appeal, the petitioner also filed an application to grant stay of operation of the order of the District Forest Officer. This writ petition is filed alleging inaction on the part of the appellate authority in considering the appeal filed by the petitioner.

3.

As noted above, the appeal was preferred on 13.08.2019. Within less than a week of preferring the appeal, the writ petition is filed. Therefore, it cannot be said that the appellate authority is negligent in acting upon the appeal preferred by the petitioner as there was no inordinate delay in considering the appeal. Hence, this Court is not inclined to entertain this writ petition. 4.

The writ petition is accordingly dismissed. However, the appellate authority shall objectively consider the appeal as well as the interlocutory application notwithstanding the dismissal of the writ petition, as the writ petition is dismissed only on the

ground that within one week of filing the appeal, the writ petition is filed. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

___________________ P.NAVEEN RAO, J Date:22.08.2019 KH