The Court dismissed a writ petition seeking release of seized tractor and trailer. It held that the petitioner must first approach the competent authority before invoking writ jurisdiction, hence the petition was dismissed as inadmissible.
Writ petition dismissed with liberty to apply to competent authority for release.
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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.32259 of 2012
Dated 15.10.2012
Between:
U.Srinivasulu
…Petitioner
And
The Forest Section Officer, Kurnool
…Respondent
Counsel for the petitioner: Sri Kurra Srinivas
Counsel for respondent: Assistant Government Pleader for Forests
The Court made the following:
ORDER:
This writ petition is filed for the following substantive relief:
“……to issue a writ/order/direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not releasing the Tractor bearing No.AP21 D 6252 & Trally bearing No.AP21 U 9027 respectively seized pursuant to O.P.No.213/2011-12 dt.08.12.2011 is illegal, arbitrary, unjust and in violation of Art.14 and 21 of the Constitution of India and consequently direct the respondent herein to release the Tractor bearing No.AP21 D 6252 & Trally bearing No.AP21 U 9027 respectively to the petitioner and to pass such other order or orders ..….”
At the hearing, Sri K.Srinivas, learned counsel for the petitioner, has fairly replied to the query of this Court that before filing this writ petition, the petitioner has not approached the competent authority with an application for release of the seized tractor and trailor. In my opinion, unless the petitioner first approaches the competent authority seeking release of the seized vehicle, he cannot straight away invoke the jurisdiction of this Court under Article 226 of the Constitution of India.
Hence, the Writ Petition is dismissed without adjudicating on the merits with liberty to the petitioner to make an application in writing to the competent authority for release of the tractor and trailor. If such an application is filed, the competent authority shall consider and take an appropriate decision within a period of two weeks from the date of filing of such application.
As a sequel, W.P.M.P.No.41121 of 2012 shall stand disposed of as infructuous.
15th October, 2012
[________________________ C.V.NAGARJUNA REDDY, J
GHN
1 issue framed by the court
A petitioner praying for release of seized vehicles whether he can invoke jurisdiction of the High Court under Article 226 without first approaching the competent authority for release thereof.
U.Srinivasulu
The Forest Section Officer, Kurnool
C.V.Nagarjuna Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
