Ramesh Aengula, v. Forest Beat Officer,

HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO W.P.No.25781 OF 2017 ORDER:

Heard counsel appearing for the petitioner and learned Government Pleader for Forests appearing for the respondents. The petitioner is stated to be the owner of Dozer Tractor Harvester with Engine No.PY3029D148169 and he purchased the said vehicle by taking loan from the financial institutions. The vehicle is having valid permit and Certificate of Registration. When the vehicle was parked by the driver on 6.6.2017 in the forest area near Gogulapally Village in Compartment No.203, the Forest Beat Officer, Chinnaboinapally Beat along with Forest Range Officer, Eturunagaram South and the Deputy Range Officer, Chinnaboinapally, arrested the driver and seized the vehicle on the ground that the vehicle was being used to clear the shrub in 0-70 hectares in the forest land and the matter is pending before the 3rd respondent.

The petitioner states that he submitted a representation dated 11.7.2017 to the 3rd respondent for release of the vehicle and also filed an application before the Judicial Magistrate of First Class, Mulugu. But the learned Magistrate returned the

application on the ground that the Court has no jurisdiction. The petitioner undertook to co-operate with the investigation. In the circumstances, the 3rd respondent is directed to consider the representation of the petitioner dated 11.7.2017 for release of the vehicle subject to the conditions that may be imposed by the 3rd respondent within one week from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending shall stand closed. ____________________________________ JUSTICE A.RAMALINGESWARA RAO 10th August, 2017 rkk