Disposed

V K Mani v. the Govt. of Ap

Andhra Pradesh HC14 Nov 2019WP/6010/2019

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Court directed the 2nd respondent to dispose of the petitioners representation dated 12-01-2019 seeking release of seized vehicle under Section 44(2) of the A.P. Forest Act, 1967 within a week.

What did the court decide?

Directed the 2nd respondent to dispose of the representation dated 12-01-2019 under Section 44(2) of A.P. Forest Act, 1967 within a week from today.

V K Mani Vs the Govt. of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2019)

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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Writ Petition No.6010 of 2019

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ORDER:

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This petition under Article 226 of the Constitution of India is filed to issue a writ of mandamus declaring the action of the 2^nd respondent in not releasing the petitioner’s vehicle (Innova) bearing No.TN 88 H 8888 in spite of representation, dated 12-01-2019 of the petitioner which was seized in Cr.No.32 of 2015 of Chittoor Taluk Police Station, as illegal, arbitrary and violative of Section 44(2) of the A.P. Forest Act, 1967, and consequently direct respondents 2 to 4 to release the petitioner’s vehicle by duly considering the representation, dated 12-01-2019.

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It is the contention of the petitioner that his vehicle was seized by the 4^th respondent under cover of mediator’s report and a case was registered as Cr.No.32 of 2015 on the file of Chittoor Taluk Police Station, Chittoor for the offences punishable under Sections 307, 353, 109, 120 (B), 379 read with 34 IPC and Sections 29 & 32 of Forest Act. Further, the petitioner filed a petition before the III Additional Judicial Magistrate of First Class, Chittoor for release of vehicle in Crl.M.P.No.724 of 2016, and the same was allowed subject to certain conditions.

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Assailing the order in Crl.M.P.No.724 of 2016 the respondents preferred a revision in C.R.P.No.41 of 2016 on the file of VIII Additional District and Sessions Judge, Chittoor, which was allowed by order dated 11-08-2016 setting aside the order passed by the Magistrate in Crl.M.P.No.724 of 2016, and this petitioner preferred Crl.P.No.646 of 2017 before this Court to quash the order passed by the VIII Additional District and Sessions Judge, Chittoor in C.R.P.No.41 of 2016, dated 11-08-2016. This Court was pleased to dismiss the Criminal Petition vide order dated

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30.01.2017 with a liberty to the petitioner to file an application before the competent authority to adjudicate upon the controversy by virtue of provisions of Section 44(2) of A.P. Forest Act, 1967. Accordingly, the petitioner filed an application on 12-01-2019 before the 2^nd respondent for interim custody of the vehicle. But, the 2^nd respondent has not released the vehicle as interim custody to this petitioner by exercising power under Section 44(2) of the A.P. Forest Act, 1967 and requested to pass an appropriate order.

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During hearing the learned counsel for petitioner Sri Suresh Kumar Reddy Kalava, reiterated the contentions in the petition. Whereas, the learned Government Pleader for Forest requested to issue a direction to the 2^nd respondent to dispose of the petitioner’s representation, dated 12-01-2019.

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In view of the request made by the Government Pleader for Forest, it is appropriate to direct the 2^nd respondent to dispose of the petitioner’s representation, dated 12-01-2019 filed under Section 44(2) of A.P. Forest Act, 1967 in accordance with law within a week from today.

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The Writ Petition is disposed of with a direction to the 2^nd respondent to dispose of the petitioner’s representation, dated 12-01-2019 filed under Section 44(2) of A.P. Forest Act, 1967 in accordance with law within a week from today. There shall be no order as to costs.

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As a sequel, Interlocutory Applications pending, if any, shall stand closed.

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___________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 14-11-2019 IS

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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Writ Petition No.6010 of 2019

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Date: 14.11.2019

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V K Mani v. the Govt. of Ap

Case brief

What is this about?

What did the court decide?

V K Mani v. the Govt. of Ap

Case brief

What is this about?

What did the court decide?

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