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High Court for State of TelanganaWP/42053/2015disposed of no costs

Boora Kailasam, v. The State Government Of Telangana,

2015-12-30M.S.Ramachandra Rao2 pages

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.42053 OF 2015 O R D E R :

Heard counsel for the petitioner and the Government Pleader for Forest appearing for respondents.

2. Petitioners' grievance is that the 3rd respondent had seized a Swaraj Tractor bearing No.TS 03 ETR 8176 and filed a POR case No.83/OR/M/2015-16, against the petitioners and others. 3.

Petitioners contend that seizing of the said vehicle is not warranted since the tractor was engaged in ploughing the land belonging to the petitioners and the petitioners had obtained an order dt.10.04.2013 in WP.MP.No.9772 of 2013 inW.P.N.7085 of 2013 restraining the respondents from interfering with the petitioners' possession in respect of the land in their occupation, which is covered by order dt.30.12.1976 of the Forest Settlement Officer, Warangal.

4. The Government Pleader for Forest on instructions states that the respondents have been advised to withdraw the POR and that within one week from today the said POR would be withdrawn and the vehicle in question would be released to the 19th petitioner, who is the owner of the said vehicle.

5. In view of the said submissions, this Writ Petition is disposed of directing the respondents to withdraw the POR case No.83/OR/M/201516 on the file of the Judicial First Class Magistrate, Parkal, Warangal District within one (01) week from today and release Swaraj Tractor bearing No.TS 03 ETR 8176 to the 19th petitioner subject to his producing documents in proof of ownership. There shall be no order as to costs.

6. Consequently, Miscellaneous Petitions pending if any, shall stand closed.

_______________________________ M.S. RAMACHANDRA RAO, J 30th December, 2015.

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