A. Thirupathi Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

A. Thirupathi Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Condition No. 1 of the impugned proceedings dated 18-09-2025 modified — bond of Rs. 50,000/- with two sureties for a like sum each to the satisfaction of the Forest Range Officer, Tiryani, for release of vehicle No. TS-09-FU-8380; remaining conditions hold good; writ petition disposed of, no order as to costs; miscellaneous petitions, if any, closed.

Issue for consideration

Whether the action of respondent No. 3 in imposing onerous and unreasonable conditions (bond of Rs. 1,50,000/- in favour of the Forest Divisional Officer with two sureties for a like sum each) for release of the petitioner's Tata Bolt Car No. TS-09-FU-8380, allegedly involved in a forest offence, is illegal/arbitrary and whether those conditions should be relaxed. +1 more

Court's answer

The remaining conditions imposed in the impugned proceedings dated 18-09-2025 shall hold good (they were left undisturbed by the Court).

Ratio / Principle

This Court modified Condition No. 1 of the impugned order dated 18.09.2025: the petitioner shall furnish a bond of Rs. 50,000/- (Rupees Fifty Thousand Only) in favour of the Forest Divisional Officer with two sureties for a like sum each, to the satisfaction of the Forest Range Officer, Tiryani Town and Mandal, KB Asifabad District, for release of the vehicle bearing No. TS-09-FU-8380.

Detailed headnote1 paragraphs

Writ petition under Article 226 (W.P. No. 29909 of 2025, High Court for the State of Telangana, T. Madhavi Devi, J., 06-10-2025) challenging the onerous conditions imposed by respondent No. 3 (notice Rc. No. 581/2025/S4 dated 18-09-2025) requiring a bond of Rs. 1,50,000/- with two sureties for a like sum each for release of the petitioner's Tata Bolt Car No. TS-09-FU-8380 allegedly involved in a forest offence. The Government Pleader for Forests urged strictness, relying on the Supreme Court decision in State of Karnataka v. K. Krishnan (courts should not be lenient in releasing vehicles involved in forest offences); the petitioner countered that the vehicle, registered in 2018, was of little value, and drew attention to the Division Bench decision of this Court in W.A. No. 838 of 2023, where conditions for release of a tractor involved in a forest offence were modified and Rs. 50,000/- imposed. Having regard to the rival contentions, the Court modified Condition No. 1: bond reduced to Rs. 50,000/- (Rupees Fifty Thousand Only) in favour of the Forest Divisional Officer, with two sureties for a like sum each, to the satisfaction of the Forest Range Officer, Tiryani Town and Mandal, KB Asifabad District, for release of the vehicle; remaining conditions of the impugned proceedings hold good. Writ petition disposed of; no order as to costs; miscellaneous petitions closed.

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IN THE HIGH COURT^{FOR THE STATEOF TELANGANA} AT HYDERABAD (SPecial Original^{Jurisdiction)}

IVIONDAY,THE^{SIXTH DAYOF OCTOBER} TWO THOUSAND^{AND TWENTY FIVE}

PRESENT

THE HONOURABLE^{SMTJUSTICET.MADHAVI DEVI}

WRIT PETI^{TIONNO:29909 0F 2025}

Between:

A. Thiruoathi, S/o.^{VenkateshamAge- 36 y.eqr9'Occ- Agriculture Fl/o H No} 1 -'10/1 , Shivalayam^{StreetTandur, Mancherlal 0lstrlct}

...PETITIONER

AND

The State^{of Telangana,Rep by its PrincipalSecretary Forest Department'} Secretariat^{Building,HYderabad}

e. ih;'Dl;ia?oreit-omb"i, iii; ;;;;;i oi"-o*r^{-ori""t komarambheem Asifabad District, rcorn'r.ambheem'AsifabadKomarambheemTelangana.} Asifabad District

+. Irir?.,-itt^{ilingeOmcer,Tiryani, Komarambheem Asifabad District'}

...RESPONDENTS

Petition under^{Article226 oI the Constitutionof lndiapraying that in the} circumstances^{stated in the affidavit filed therewith'the High Court may be} pleased to pass an Order,^{Directionor Writ and more particularly one in nature} ofWritofN/andamusdeclaringtheactionoftherespondentNo.3inissuing notice/proceedings^{vide Rc. No.581/2025lS4dated18-09-2025 by imposing} onerousandunreasonableconditionsforreleaseofthepetitioner'sVehicleTata Bolt Car bearing^{No. TS-09-FU-8380,to declaresuch acts as illegal'} arbitraryhigh^{handed, violativeof severalprovisionsof aw and principles of} natural .iustice,^{etc., and consequentlydirect the respondents to releasethe} vehicleTataBoltCarbearingNo.TS-09-FU-S380infavourofthepetitioner withoutinsistinguponsuchoneroussuretyconditions,intheinterestofjustice

..rrr..r

lA NO: 1 OF 2025

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to pass an order suspending the notice/proceed ing s of the respondent No.3, vide Rc.No.581/2025lS4 dated 1B-og-zo2s of imposing onerous and unreasonabte conditions for release of the petitioner's vehicle Tata Bolt car bearing No. TS-09-FU-8380, pending disposar of the writ petition, in the interest of justice lA NO:2 OF 202s

Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to pass an order directing the respondents to release the vehicle Tata Bolt car bearing No. TS-09-FU-8380 in favour of the petitioner without insisting upon such onerous surety conditions, pending disposar of the writ petrtion, in the interest of justice

Counsel for the Petitioner: SRl. YADAIAH BODDUpALLy

Counsel forthe Respondents: Gp FOR FORESTS

The Court made the following: ORDER

E I I i ,

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THE HON'BLE^{SMT. JUSTTCET. MADHAVI DEVI} WRTT PETTTI^{ON No.29909 of2025}

ORDER:

This Writ Petition^{is filedchatlengingthe condition requiringthe} petitioner to furnish^{a bond for a sumof Rs' I} '50'000/-^{in favour of Forest} Divisional Offioer-respondent^{No'3, with two suretieslor a likesum} each, for^{the releaseof the petitioner's vehicle bearingNo'TS-09-FU-} 8380

Leamed counsel^{for the petitionersubmittedthat the vchiclewas} registered in^{the year 2018 and therefore, its value is not much and that it} is also not^{possiblefor the vehicle to have committedthe allegedoffence'}

3.LeamedGovernmentPleaderforForests,relyinguponthe instructions^{received by him, submitted that the petitioner has not given} the value^{of the vehicte, except statingthat the vehicle was registered in} the year 2018.^{He retied upon the judgment of the Hon'ble Supreme} Court in the^{case of State of Karnatakav' K'Krishnan Ito submit that}

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TM D,J wp 29909 2025 2

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the coufts should not be renient in releasing vehicles which are involved in the comntission ol forest offences.

Hou,ever. lear-ncd counsel for the petitioner has drau,n the attehtion of this Court to the decision of the Division Bench of this Court in W.A.No.838 of 2023, wherein lhe conditions for release of the vehicle involved in fbrest ollence as imposed by the Single Bench of this Court were modiilcd and a sum of Rs.-50,000/_ was imposed for release of a tractot

Having regard to the rival contentions and the material on record, this Court is inclined to modifi, condition No.l imposed in the impugned order dated 18.09.2025 and the petitioner. shall fumish a bond for. a surn of Rs.50,000,/- (Rupees Fifty Thousand Only) in fa'our of l_orest Divisional otlicer with two sureties for a rike sum each to the satisfaction of the Forest Range Officer. Tiryani Town and Mandal. KB Asif-abad District, for relcase of the vehicle bearing No.TS_09_FU_g3g0. The remaining conditions imposed in the impugned proceedings dated 18.0q.2025 shall hold eood. I' 1I

TMD,J wp 29909 2025

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With the above directions, this Writ Petition is disposed of. There

shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition, shali

stand closed

//TRUE^COPY//

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SECTION^OFFICER

To, 1 The^{Principal Secretary Forest Department' SecretariatBuilding'T S''} 2. 3. TilE;:1".1'gf^{;,:\gx'i"#:"#111T.'J:ftT't'JH:{"'d'J:3t'lsHlP'TBn'"'"} 4. 5. 6. fifLl",ffi^{F$ffl st]#,ryffi jffil?li:"sJ$i:ll"l'"n'"""} Hvderabad [OUT] 7_ Two CD^CoPies

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HIGH COURT

DATED:0611012025

ORDER

WP.No.29909 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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