The High Court disposed of a writ petition challenging the seizure of the petitioner's lorry. The petition prayed for release subject to a bank guarantee or fixed deposit.
Petitioner's lorry to be released subject to furnishing a Fixed Deposit Receipt of Rs. 1,00,000 from any nationalized bank and giving an undertaking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
13303I
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J,SREENIVAS RAO
WRIT PETITION NO: 39236 OF 2022
Between:
M/s. Bhavani Metals, Palvoncha, Office at Sasthry Road, Palvoncha, BhadradriKothagudem Dist., TS, Represented by its Managing Partner, Sri Thatikonda Appa Rao, S/o. Narasaiah
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 oI the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus declaring the actions of Respondent No.6 in seizing the Petitioner's lorry bearing No. TSO4UA5241 , in keeping the said lorry in the premises of the 4th Respondent and the actions of Respondents No. 2, 3 and 4 in not releasing/returning the said lorry to the Petitioner are entirely illegal, arbitrary, unconstitutional and against the principles of .naturaljustice and to consequently direct Respondents Nos.2,3 and 4 to forthwith return the Petitioner's lorry bearing No. TSO4UA5 241 lo the Petitioner and to grant
damages/com pensati rn to the petitioner @ Rs.5000/-per day f.r aI days that the said lorry has been ut d,-.r seizure
IANO:1OF2 022
Petition under iection 151 cpc praying that in the cir.or_rmstances stated in the affidavit fired i, s.rpport of the petition, the High court rr ay re preased to direct Respondents NI rs. 2,3 & 4 to forthwith return the petitirlr,er,s rorry bearing No' TS04UA5241 ro ' re petitioner pending disposar of the wrt r)etition.
IANO:1O F 2023
Petition under ! er;tion 151 cpc praying that in the cir,rL msrances stated in the affidavit filed in sLrpport of the petition, the High Court l.,ry tre pleased to amend the order dt- 2l r11t2022 in rA No- 1 0f 2022 in wp No. 3g23,6 0f 2022 by repracing the words ":i>:ed Deposit" with the words "Bank ouarantee,, i.e., to direct the respondent:; Jrarticularly Respondent Nos.2,3 an(l .:., to release the Petitioner's rorry bearir g No. TSo4UAs241 subject to the petiti.ner furnishing a Bank Guarantee.
Counsel for thepetitio rer: SRI M.pRATHEEK REDDY Counsel for the Respo rdent Nos.1 TO 6: AGp fOCfOngSfS Counsel for the Respo tdent No.7: AGp FOR REVENUE
The Court made the fo eyying. ORDER
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO W.P.No. 39236 of 2o22
ORDER:
This writ petition is filed seeking Writ of Mardamus declaring the action of respondent No.6 in seizing the petitioner's lorry bearing No.TS04UAS24l, in keeping the said lorry in the premises of the 4rrr respondent and the actions of respondents No.2, 3 & 4 rn not releasing/ returning the said rorry to the petitioner as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequenfly direct the respondents No.2, 3 & 4 to forthwith return the petitioner,s iorry bearing No.TSO4UAS24l to the petitioner. 2. Heard Sri M. pratheek Reddy, learned counsel for the petitioner, Iearned Assistarrt Government pleader for Forests appearing on behalf of the respondent Nos. I to 6 and iearned Assistant Government pleader for Revenue appearing for respondent No.7.
.)
4 . Lea; red Assistant Governmentpr jeactt:r fo r Forests submits t: a: the petitioner committed Forests 'rffkrnces and the respo r<tents after lbllorving the due p-oc:edure as contemplir:cd under the Act, seizedf frcvr: ricie of the petitioner arrd a-iso initiated the pr,rceedings Rc.Ncr. 16 1'))?.l2O2O-27 lASPlM6, datecl 27.O2.'2Oi'.3, Under sub-Siecti,- n (2) of section 44 of Telangar-'a St,rt,: Forest Act, 1967 an<: the same is pending on the file of Forest Divisiona. Officer, Manuguru.
3
I
subject to condition of pcdtioner lurnishing an amount of Rs. 1,O0,O00/ Fixed Dcposit Receipt from any Nationalized bank and also giving an undertaking not to create any third party rights and arso to produce the vehicre whenevcr is required by the conccrned officer till the proceedings are Iinalized.
Miscellaneous petitions pending, if any, in this writ pctition, shall stand closcrl
SD/-P.GOWRI SHANKAR ASSISTANT REGISTRAR L2D SEcTdN oFFIcER
//TRUE COPYII
To , I[iJlif5:|:ff::"", Forest Dept., BRK Bhavan, secretariat, Hyderabad,
CC TODAY
HIGH COURT
DATED:25104t2023
ORDER
WP.No.39236 of 2022
/a'.'.
//:.'-
,/i
I
iri1,.li - | 1 lii 2tr,:J i
..4.
..$;'
DISPOSINGI:)F THE WRIT PETITION WITHOUT CCISTS.
/, -,)
-r>
t <br>
2 issues framed by the court
Whether the writ petition directing the release of the seized lorry subject to furnishing a fixed deposit should be allowed.
Whether the actions of the respondents in seizing the petitioner's lorry under the Telangana Forest Act were arbitrary.
3 provisions across 3 enactments
M/s. Bhavani Metals
The State of Telangana
The District Forest Officer
The Forest Divisional Officer
The Forest Range Officer
Sri T. Venu Babu
J. Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
