Kethavath Vishnu Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

Kethavath Vishnu Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Writ Petition disposed of (taken up at admission with consent of parties): petitioner directed to make an application to respondent No.3 (Forest Divisional Officer, Banswada) for release of the seized tractor as provided under Section 44(1) and (3) of the Telangana Forest Act, 1967 within one (01) week from receipt of a copy of the order; respondent No.3 to consider the application and pass appropriate orders strictly in accordance with law within one (01) week thereafter and communicate the decision to the petitioner. No order as to costs. Pending miscellaneous applications, if any, stand closed.

Issue for consideration

Whether the seizure and continued detention of the petitioner's cultivator tractor John Deere 5055E, green, Regn. No. AP 25 AL 9184, engine no. PY3029H019067, chassis No. lPY5055EHDA015539, seized under POR No. 2601/053 dated 01-06-2025 by respondent No.6 (Forest Beat Officer, Rampurgadda) and lying in the custody of respondent No.4, is illegal, arbitrary and unjust, and whether the vehicle should be released to the petitioner pending enquiry before respondent No.3 (Forest Divisional Officer, Banswada).

Court's answer

With the consent of both parties the Writ Petition was taken up for disposal at the stage of admission; the petitioner's counsel submitted that the subject matter is squarely covered by this Court's order in W.P.No.4080 of 2025 dated 13.02.2025, and the learned Government Pleader for Forests did not dispute that submission.

Ratio / Principle

For the reasons alike in the order in W.P.No.4080 of 2025 dated 13.02.2025, the Writ Petition is disposed of, directing the petitioner to make an application to respondent No.3 for release of the subject vehicle, as provided under Section 44(1) and (3) of the Telangana Forest Act, 1967, within one (01) week from the date of receipt of a copy of the order.

Key takeaways

Upon receipt of such application, respondent No.3 shall consider the same and pass appropriate orders strictly in accordance with law within one (01) week thereafter, and duly communicate the decision on the said application to the petitioner; there shall be no order as to costs and pending miscellaneous applications, if any, shall stand closed.ratio¶37

Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (Justice T. Madhavi Devi), W.P. No. 30203 of 2025, decided 06-10-2025: Kethavath Vishnu sought a writ of mandamus against the seizure (under POR No. 2601/053 dated 01-06-2025 by respondent No.6, Forest Beat Officer, Rampurgadda) and continued detention of his John Deere 5055E tractor (Regn. No. AP 25 AL 9184) held in the custody of respondent No.4 (Forest Range Officer, Gandhari), pending enquiry before respondent No.3. Taking the petition up at admission with the parties' consent, and as petitioner's counsel submitted the matter was squarely covered by the Court's order in W.P.No.4080 of 2025 dated 13.02.2025 — a submission the GP (Forests) did not dispute — the Court disposed of the petition for the reasons alike in that order, directing the petitioner to apply to respondent No.3 for release of the vehicle as provided under Sections 44(1) and (3) of the Telangana Forest Act, 1967 within one week, with respondent No.3 to pass appropriate orders strictly in accordance with law within a further week and communicate the decision; no costs; miscellaneous applications closed.

[321e ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

IV]ONDAY. THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

WRIT PETITION NO: 30203 OF 2025

Betwee n:

Kethavath Vishnu. S/o Vitya Nayak, Age. 47 Years, Cast. S.T., Occu. Agriculture, R/o. H.No.5-36, Somaram Thanda(V), Gandhari(M), Kamareddy District, Telangana State.5031 14.

....PETITIONER

AND

The State of Telangana, Rep. by its Principal Secretary, Forest Department, B.R. Ambedkar Telangana Secretariat, near Tank Bund, Hyderabad.

The District Forest Officer, Kamareddy District, T.S.

The Forest Divisional Officer, Banswada, Kamareddy District, T.S.

The Forest Range Officer, Gandhari, Kamareddy District, T.S.

The Forest Section Officer, Pothangal, Kamareddy District, T.S.

The Forest Beat Officer, Rampurgadda, Gandhari lvlandal, Kamareddy District, T.S.

The Deputy Range Officer, Gandhari Section and Range, Kamareddy District, T.S.

.....RESPONDENTS

Petition Under Article 226 of lhe Constltution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any appropriate writ. order or directions more in the nature of Writ of Mandamus declaring the seizure and continued detention of the petitioners vehicle i.e. cultivator tractor John Deere 5055E, Green color bearing No. AP 25 AL 9184 and engine no. PY3029H019067 and chassis No. lPY5055EHDA015539 seized under POR No, 2601/053 dated. 01-06-2025by the 6th respondent as

illegal, arbitrary,^un.just and consequently^direct the^{rind 4threspondentsto} release the^petitioners vehicle i.e. tractor^{John Deere 50558, Green color bearing} No. AP 25 AL 9184 and Engine no.^{PY3029H019067} and chassis^No. 1PY5055EHDAO15539 lying in the custody^{of the 4th resp(lndent forthwithto the} petitioner^pending ernquiry before the 3'd respondent.

|.A.NO:1 OF 2025

Petition Underr Section 151 CPC^praying that in the crrcumstances stated in the affidavit^{filedirr support} of the^{petition, the High Coudmay be pleased to} direct the 3rd and^{41h respondentsto releasethe petitioners'vehicle i.e. tractor} John Deere 5055E:, Green color bearing^No. AP 25 AL^{9184 andEngine} no. PY3029H01 9067 and chassis No.^{lPY5055EHDAO1553€r lying in the custody} of the 4th respond€)nt^forthwith to the^{petitionerpendingenquiry beforethe 3rd} respondent.

Counsel for the^Petitioner : SRI G.DINESH PATIL

Counsel for the Respondents : GP FOR FORESTS

The Court made the following ORDER

t t

THE HON'BLE SMT.^{JTJS'I-ICN, T.} MADHAVI^DEVI wRIT PETITION No.30203 of 2025

ORI)ER

The Writ Pctition^{is trled seekingthe} lollowing relie l:

"...1o issue onl al\r-ol)riutt vril, order or dirccti<tns nore in lha nahtre oJ Wril of ,Vandantus declaring the seizurc und continued detention o/-lhc^{pclitionat's yahicle} i.a. cultivttbr truclor John Deere 50558, Grean c'olor beoring No. ,,1P 25 Al,9184 and engina no. Pl'l())91t019067 and clla.nrs No. lPY5055 EH D1015539 sei:ed under ['()R No. )601/053 dtted. 0l-t)6-2025b1, rhe dt'^resporulent as ilfugal. arhitrart', unjusl ond c()nsequently diret:t the 3"t uru! 1't'^raspondenlt; lt, rclcas( tha petitioncrs' vehicle i.a. lruclor .h)hn l)aerc 50558.^(irean tolor bearing No. AP 2i^{.41 9li:i4 andl)ngine no.} i'l'J029H01906i an<l chassis No. I Pt'5055t 1tD,1015539 t,vittg in tlrc cuszxly of the 1't' respondent forth\lilh kt lhe^{petilbner y.:nding} eruluit'y befora the 3'd respontlent^and lo^pttss..."

With the conscnt^{of boththe partics, this} Writ^{Pctition is} taken up lbr disposal^{at the stage of admission.}

Heard leamed counsel tbr^{the pctitiolrer,} learned Government Pleader^{for Forestsappearing for respondentsNo.l to 7 and perused} the entire^{material on record.}

Learned counsel^{fbr the petitioner submilted that the subject} matter of^{this Writ Petitionis squarely coveredby the order of this} Court^{ir.r W.P.No.4080o12025 dated13.02.2025.}

TMDJ v/p_30203_2025

2

Learned Cjovemrnent Pleader for Forests has not disputed the above submission made by the leamed counsel for the petitioner.

In vierv ol- thc above, fbr the reasons alike in thc said order, this Writ Petition is disposed of directing the petitioner 1o rnake an application to respondent No.3 for release of sub.iect r,ehicle, as provided under Secrion 44(l) and (3) of the Telangana Forest Act, 1967, within a pcriod of one (0 t) week fiorn the date ol rece ipt ol a copv of this order and irpon receipt of such application. the rcspondent No.3 shatl considel the sar-ne and pass appropriate orders, str.ictly in accordance u'ith law, within a period of one (01) we,ek therealier and duly communi<:ate the decision on the said application to the petitioner. There shall be no order as to costs.

Misccllan,-'ous applications, if any, pen<Jing ir-r this Writ

Petition, shall st:rnd closed.

,TRUE COPY'

SD/.tr. PONNA KRISHNA t='e=u^*

tbl.r,o*

oFFrcER

,To

The Principa {iecretary, Forest Department, B.R. Am kar Telangana Secretariat. near Tank Bund, State of Telangana at H . raba d

The District Forest Officer, Kamareddy District, T.S.

The Forest Dir,isional Officer, Banswada, Kamareddy District, T.S.

The Forest Range Officer, Gandhari, Kamareddy District. T.S.

The Forest Se,:tion Officer, Pothangal, Kamareddy District, T.S.

The Forest Be.rt Officer, Rampurgadda, Gandhari [\4andal, Kamareddy District. T.S.

The Deputy Range Officer, Gandhari Section and Range, Kamareddy District, T.S.

Two CCs to GP FOR FORESTS, High Court for the State of Telangana at Hyderabad [OUT]

One CC to SR G.DINESH PATIL, Advocate [OPUC]

1 0. Two CD Copies

GJPSA {rL

I

HIGH COUR.T

DATED:06110;2025

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ORDER

WP.No.3O203 of²⁰²⁵

DISPOSING OF THE W.P
WITHOUT COSTS.
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