Badavath Rajesh Vs The State of Telangana

Badavath Rajesh, S/o. Janpath, Aged about 26 years, occ. Tractor Owner, r/o. Gujjal, Gandhari (M), Kamareddy District. (Owner of Tractor No. TS17T834B).

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Geloth Premsingh, S/o. Jawahar Slngh, Aged aboul 24 years, occ. Agriculture, No. 2-34, Jemini Thanda, Durgam, Nizamabad, ' Nizamabad DistricG5031 14.

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.....PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary, Forest Department, Secretariat, Hyderabad.

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The Chief Conservator of Forests, at Nirmal, Nirmal District.

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The Forest Divisional Officer, Nizamabad, Nizamabad District.

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The Forest Range Officer, Nizamabad (South), Nizamabad District.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 2 in not disposing the appeal filed by the petitioners by setting aside the order of the 4th respondent in proceedings No. Rc.No.914l2024lF7 dated 23-08-2024, as illegal, null, void, arbitrary and consequentially direct the respondents to release the Tractor bearing No. TS17TB34B to the petitioners.

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|.A.NO:1 OF 2025

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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 direct the 3rd and 4th Respondents to release the Tractor bearing No. TS17T8348, pending disposal of the writ petition.

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Counsel for the Petitioners : SRI K.DURGA PRASAD

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Counsel for the Respondents : GP FOR FORESTS

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The Court made the following ORDER

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HON'BLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITIO N No.38 90 0F 202s

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ORDER:

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Heard Sri K.Durga^prasad, learned counset appearing on behalf of the petitioners and learned Assistant Government Pleader for Forests appearing on behalf of the respondents.

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The petitioners approached the Court seeking prayer as under:

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". . ...to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in not disposing the appeal fited by the petitioners by setting aside the order of the 4'n respondent in proceedings No. Rc.No.914l2024/F7 dated 23-08-2024, as illegal, null void, arbitrary and consequentially direct the respondents to release the Tractor bearing No.TS17T8348 to the petitioners and to pass...."

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It is specific case of the petitioner that the petitioner had purchased Tractor bearing

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No.TS17T8348 from the 2nd petitioner, but due to the pendency of part payment, the registration of the Tractor was not effected in the name of the petitioner. On 23.O4.2O24, while patrolling was being conducted by the staff of Forest Range Officer, Nizamabad,

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Manchippa Section compartment No.462/2 of Manchippa Reserve Forest, yellammakunta Beat, the staff of the 4th respondent had noticed some illegal encroachment by damaging the Forest trees and land had been ploughed by two Tractors for cultivation purpose. Immediately, the staff of the 4th respondent seized the Tractor by conducting spot panchnama and registered crime. Subsequenfly, show_cause notice an Rc.No.914l2O24/F7, dated 21.06.2024 was issued for conducting enquiry. Thereafter, the petitioner submitted all the documents and appeared before the 3'd respondent requesting to release the petitioner,s vehicle. However, the 3.d respondent wathout giving any proper reason, passed order dated 23..OA.2024, confiscating the Tractor bearing No.TSl7Tg34g to the Government. Aggrieved by the same, the petitioners filed an appeal before the 2nd respondent and the same is stitl pending for adjudication. Aggrieved by the said action of the respondents, the present Writ petition is filed.

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4 Learned counse!^{aPpeartngon behalf of the} petitioner submits that the^{limited relief as sought for} bf the petitioners^{is a direction to the 2nd respondent to} dispose of the appea!^{field by the petitionersaggrieved} against the order^{of the 4th respondent in proceedings} No.Rc.No.g1 4l²⁰²⁴ /^F7 |^{dated 23'08'2024 wherein} vide the said impugned^{proceedings,the said vehicle} i.e., Tractor bearing No.TS17T8348^hadbeen confiscated by^{the Government under Section(2-A) of} the Telangana^{Forest Act, L967, as amended by the} Telangana Forest^{(Amendment)Act, L7 of t976'}

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Learned counset^{appearing on behalf of the} petitioners further submits that^{though the appeal had} been preferred^{by thepetitioners against the} proceedings, dated 23.O8-2O24^{of the Forest Divisional} Officer, Nizamabad^{before the 2nd respondent'yet no} steps had been^{initiated as on date for disposa! of the} said appeal and^{in view of the pendencyof the appeal'} in pursuance^{to the proceedings of the 4th respondent'} dated 23..O8.2O24,^{the tractor of the petitioners}

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continued to be in possession of the respondents leading to the damage of the said Tractor and therefore, the present Writ petition rs filed seeking release of the said vehicle.

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Learned Assistant Government pteader for Forests appearin g on behalf of the respondents submits that the Writ Petition coutd be disposed of directing the 2,,a responde nt to dispose of the appeat, dated 2g.12.2,,24 Preferred by the petitioner before the 2nd respondent against the proceedings of the 4th respondent, dated 23.08.2024 in accordance to law within a reasonabte period.

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Learned counsel appearing on behalf of the petitioner does not dispute the said submission made by the tearned Assistant Government pteader for Forests appearing on behalf of the respondents.

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8.7 n o r o a) The aforesaid facts and circumstances of the case

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b) The submissions made by the learned counsel appearing on behalf of the^petitioners and learned Assistant Government Pleader for Forests

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appearing on behalf of the respondents.

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c) The fact that appeal has been^preferred before the 2nd respondent on 28.12.2O24 against the proceedings of the 4th respondent, dated 23.OA.2O24 and the same is pending as on date.

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The Writ Petition is disposed of directing the 2nd respondent to dispose of the appeal, dated 2A.12.2024 preferred by the petitioners aggrieved against the order of the 4th respondent in proceedings No.Rc.No.g14l2024lF7, dated 23.Oa.2O24 in accordance to law in conformity with principles of natural justice within a period of three (O3) weeks from the date of receipt of copy of the order and take a decision thereon pertaining to the request of the petitioner seekang release of the subject vehicle i.e., Tractor bearing No. TS17T8348

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and duly communicate the decision to the petitioner.

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However, there shail be no order as to costs.

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Miscellaneous petitions, if any, pending in this Writ

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Petition, shall stand closed.

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