Disposed

Medisetty Mahesh v. The State of Telangana

Telangana HC13 Feb 2025WP/36209/2024

Case brief

AI extract

What is this about?

Petitioner sought mandamus for release of his car detained by Forest authorities in connection with a forest offence. Following the Supreme Court's caution against returning vehicles used in forest offences, the court disposed of the writ petition permitting release subject to bank guarantee, sureties, affidavit against alienation, and undertaking to produce the vehicle.

What did the court decide?

Vehicle release permitted on furnishing bank guarantee of Rs.50,000 with two sureties, affidavit against alienation/encumbrance within four weeks, and undertaking to produce the vehicle.

Medisetty Mahesh Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

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132s21

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IN THE HIGH^{COURT FOR THE STATE OF TELANGANA AT HYDERABAD}

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(SPecial Original Jurisdiction)

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THURSDAY, THE^{THIRTEENTH DAY OF FEBRUARY} TWO THOUSAND^{AND TWENTY FIVE}

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PRESENT

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THE HONOURABLE^{MRS JUSTICE SUREPALLI NANDA}

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WRIT PETITION^{NO:36209 0F 2024}

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Between:

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MedisettvMahesh,s/o.Lachanna,Age32Lears'.Occ'Agriculture'R/o'H'No'1iOz, fatteOa^{Village,Kaddam Mandal, Nirmalulstncl'}

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...PETITIONER

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AND

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

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The District^{ForestOfficer, Nirmal, Nirmal District'}

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The Forest^{DivisionalOfficer, Khanapur, Nirmal District'}

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h. fh" Deputy^{Range Officer, Pandavapur, KaddamRange' Nirmal District'}

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...RESPONDENTS

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PetitionunderArticle226oflheConstitutionoflndiaprayingthatinthe circumstances^{stated in the affidavit filed therewith'the High Court maybe} pleased to^pass an^{orders,or issue any directionsor issue any appropriate writ} moreparticularlyinthenatureofWR|ToFMANDAMUSdeclaringtheactionof respondents,^{more particularly the respondents No' 3 and 4 in illegallydetaining} thepetitionersvehiclei.e.,MarutiSwiftDzireCarbearingNo.TS30A0434(Shown asTS130A0434inPoRNo.1029/112)inconnectionwiththeallegedoffencein PoRNo.lo2glll2dated2Slogl2024asbeingillegalandarbitrary,consequently directtherespondentsNo.3and4toreleasethesaidpetitionersMarutiSwift Dzire Car^{bearing No.T530A0434 (Shownas TS130A0434in POR No' 1029/1i2)} in connection^{with POR No. 1029i 1 1 2 daied231O912O24'}

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lA NO: 1 OF 2024

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Petition under section^{151 CPC prayingthatin the circumstances statedin} the affidavit filed^{in supportof the petition, the High Court may be pleasedto} direct the Respondents^{No. 3 and 4 to release petitioners Maruti swift Dzire car} bearingNo.TS30A0434(ShownaSTS130A0434inPoRNo.,1029/112)in connection with^{POR lto. 1O29t112 dated2310912024pending disposalof main} Writ Petition in the^{interestof Justice.}

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Counsel for the Petitioner^{: SRI ALLURI DIVAKARREDDY}

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Counsel for the^{Respondents:ASST. GP FOR FORESTS}

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The Court made the^{following: ORDER}

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(-\

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HON'BLE^{MRS. JUSTICE SUREPALLI NANDA}

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w N 3 o9 t 4

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ORD ER:

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Heard Sri Alluri^{DivakarReddy, learned counsel} appearing on^{behalf of the petitioner, learned Assistant} Government^{Pleaderfor Forests'appearlngon behalf of} respondent^{Nos.1to 4-}

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2 The petitioner^{approached the Court seeking prayer} as under:

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"...to issue^{an ordersor issueany directionsor issue any}

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appropriate^{writ more particularlyin the nature of WRITOF} MANDAMUS declaring the^{action of respondentsmore} particularlY the respondents^{Nos'3 and 4 inillegally} detaining the^{petitioner's vehicle ie Maruti Swift Dzire Car} bearing No.^{TS30A0434(Shownas TS130AO434in POR} No.1029/112)^{in connection with the alleged offence in} POR No.1029 /lL2^{dated 23lOg/2O24as beinq illegaland} arbitrary^{consequentlydirect the respondents Nos'3 and 4} to release the^{said petitioner's MarutiSwiftDzire Car} bearing No.TS30A0434^{(Shownas TS130A043ain POR Nd'} l}2g/tlz) in^{connectionwith} POR No.1029/112^dated Z3lOgl2O24^{and to} Pass"^"'

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PERUSED^THERECORD

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The learned^{counsel appearingon behalf of the petitioner} submits that^{the subject issue in the present writ petition is}

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,vp rozos_s2}2i

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squarely cov,_.red by the order of Division Bench of this Court dated 22.08..2023 passed in W.A. No.83B of 2023 and therefore the petitioner herein is entiUed for the similar relief.

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The lea rned Assistant Government pleader for Forests, appearing on beharf of respondent Nos.1 to 4 submits that the order dated 22.08.2023 in W.A. No.83B ot 2023 passed by the Division Bench of this court, cannot be foilowed in view of the judgment dated 17.O8.2O0O in Crt. Appeat No. G68 of )OOO passed by Drivision Bench of Apex Court of fndia in the case of at of ar a k v u K rt hnan e (2OOO) 7 Suoreme Court Cases gO and in particular places reliance on para Nos.7 and g of the said judgment. The relevant portion of para Nos.7 and g of the saic, judgment dated 17.08.2000 in Crl. Appeal No.668.of 2000 is extracted hereunder:

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"7. The c()urts cannot shut their eyes and ignore their obligations indicated in the Act enacted for the purposes of protecting ;rnd safeguarding both the forests and their produce. Thr: forests are not only the natural wealth of the country but also protector of human life by providing a clean and unpollut,3d atmosphere. We are of the considered view that when ary vehicle is seized on the allegation that it was used for committing a forest offence, the same shall not

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SN.^J wP 36209 2074

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normally be^{returnedto a party till the culmination of all the} proceedings in respect^{of such offence,including confiscatory} proceedings, if anY.

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The approach^{adopted both by the AuthorisedOfficer} and the High^{Court completelylgnoresthe importance of the} forests and^{the purpose of the objectfor which the Act was} made. As the^{appellant-State has not prayed for quashing} the order of^{the AuthorisedOfficer we refrain to deal with} that even though^{we do not approveit' We are'however'} satisfied that^{the High Court had adopted a verycasual} approach while^{disposing of the petition under Section} 482 of the^{Code of Criminal Procedure'Besides that the} order impugned^{is contraryto law, we have our reservations} with respect to^{the powers of the HighCourt under Section} 482 C1.P.C.ⁱⁿ the^{matter which we do not expressin this} case".

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Taking^{into considerationthe view of the Apex Court} in the Judgment^{referred to and extracted above' the writ} petation is disposed^{of with the followingcondit'ons:}

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The^{petitioner shall furnish abank} guarantee for a sum^{of RS'5O,OOO/-(RupeesFifty} thousand only)^{with two sureties for a like sum} each to the^{satisfaction of the Forest Divisional} Officer, Khanapur,^{Nirmat Districtand the Deputy} Range Officer,^{Pandavapur,KaddamRange'} Nirmal District.

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wP 3620e:ilii

The petitioner in addition, shall file an affidavit before the said Officer stating that he shall not alienate, encumber or transfer, in any manner, the said vehicle r-, e., Maruti Swift Dzire Car bearing No. TS3OAO434 (shown as TS13OAO434 in POR No. tO29/112).

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The aforesaid affidavit shall be filed within a period of four (4) weeks the date of receipt of copy of this order.

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The petitioner shal! also furnish an undertaking that he shall produce the aforesaid Maruti Swift Dzire Car as and when directed by the Forest Divisaonal Officer, Khanapur, Nirmal District and the Deputy Range Officer, Pandavapur, Kaddam Range, Nirmal District.

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As a sequel, the miscellaneous petitions, if any, pending in

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the Writ Petition shall also stand closed.

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SD/-K.^SREERAMA MURTHY -- rqsllrenrne GISTRAR /ITRUE^coPY,/ OFFICER ul "Jiecrrou

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