Petitioner sought mandamus for release of his motorcycle seized in a wild life offence POR. The court noted the petitioner had not applied under Section 44(3) of the Telangana Forest Act, 1967, and directed him to file such application within one week, to be decided by the Forest Divisional Officer within two weeks. No costs.
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.
132521
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
N/ONDAY, THE THIRD DAY OF IMARCH TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION NO: 4131 OF 2025
Between:
Mr. Shilam Anjaiah, S/o. Swamy, Aged about 31 years, Occ- Business, Rl/o. 5-32, Amrabad, I ppalapalle Village, IVlahabubnagar District, Telangana-509201 .
.....PETITIONER
AND
.....RESPONDENTS
Petition Under Article 226 ot lhe Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an orders. or issue any directions or issue any appropriate writ moreparticularly in the nature of WRIT OF MANDAI/US declaring the action of respondents. more particularly the respondents No.3 and 4 in seizing the petitioner's vehicle i.e.. Motor Cycle bearing No.TS31G6269in connection with the alleged offence in POR No. 120-0595212022, daled 10.11.2024, on the file of Achampet Wild Life Division, I\iladdimadugu Range as illegal and arbitrary and violative to article 14. 19 and 21 of lhe Constitution of lndia and consequently direct the respondents No. 3 and 4 to release the saidpetitioner's MotorCycle bearing No.TS31G6269 in connection with POR No. 120-0595212022,dated 10-11.2024. on the file of Achampet Wild Life Division, Maddimadugu Range.
|.A.NO:1 OF 2025
Petition Under Section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, the High Courtmay be pleased to direct the Respondents to releasepetitioner's lVlotor Cycle bearing No.TS3'1G6269 in connection with POR No. 120-0595212022, dated 10.11.2024, on the file of Achampet Wild Life Division, [/addimadugu Rangepending disposal of main writ petition in the interest of Justice.
Counsel for the Petitioner : SRI NARAPARAJU AVANEESH
Counsel forthe Respondents : GP FOR FORESTS
The Court made the following ORDER
/
HON'BLEMRS' ]USTICE SUREPALLI NANDA W ITP ETITION No.41310F20 25
ORDE
Heard Sri NaraPralu Avaneesh,learned counsel appea rin9 on behalfof thepetitioner and learned GovernmentPleaderfor Forest, aPPearingon behalf of respondents.
"...issue anydirections or issue any appropriatewrit morepartlcularlyinthe nature ofWRITOF MANDAMUSdeclaring the action of respondents' moreparticularlythe respcndents Nos'3 and 4 in seizing thepetitioner'svehicle i'e', Motor Cycle bearingNo.TS31G6269 inconnectlonwith the allegedoffence in POR l''Jo 120-0595212022'dated LO.IL.2O24,on the file cfAchampet Wild Life Division,MaddimaduguRange as illegal and arbitrary and violativeto article 14, 19 and 21 of the Constitution ofIndia and consequentlydirectthe respondentsNos.3 and 4 toreleasethe said petitioner's MotorCycle bearingNo'TS31G6269in connectionwith POR t\o'120-0595212A22'dated LAjj^.2A24, onthe file of Achampet Wild Life Division,Maddimadugu Range and to passsuch
2
order or orders as this Hon'ble Court may deem fit andproper in the circumstances of case."
3
Forest Act, 1967 has approached this Court byfiling thepresent writ petition seeking release of vehicle i.e., Motor Cycle bearing No.TS31G6269, seized in connection with the alleged offence in POR No.t2O-05952/2022 dated LO.II.2O24 on the file of Achampet Wild Life Division, Maddimadugu Range.
8 TAKING INTO CONSIDE RATION
a). The aforesaid facts and circumstances of the
case.
4
b). The saidsubmissionsmade by the learned counsel appearingon behalf of the petitioner and learned GovernmentPleader for Forest, appearing on behalf of respon d ents.
c). Tlre fact thatthe petitioner approachedthe Court withourtfiling an appropriate applicationbefore the respondentNo.2 as mandated under Section a4 (3) of the Telangana ForestAct, 1967.
d). The writpetitionis disposed of directing the petitionelto file an appropriateapplicationbefore respondent No'2/TheForestDivisional Officer, Nagarkurnool District,TelanganaStateseeking release ofpetitiorrer's vehicle i.e., motor cycle bearing No.TS31G6269, seizedin connection with the alleged offence in PORNo'12O-O5952/2O22,dated 1O'11'2024on the file of AchampetWild Life Division,Maddimadugu Range, within aperiod of one (1) week from the date of receipt of a copy ofthis order and upon the petitioner filing the said applicationbefore the respondent No'2, the respondentNo.2 is directedto considerthe same in accordance tolaw and pass appropriate orderson the said applicationof the petationerseeking release of the
-5
--'
petitioner's subjectvehicle,within two (02) weeks
thereafter.However, there shatl be no order as to costs'
Miscellaneouspetitions, if any, pending shall standclosed'
\
SD/.S. MALLIKARJ UNA RAO ASSISTANTREGTSTRAR
//TRUECOPY//
sEcnoNoFFICER
kar Bhavan,T S'
HIGH COURT'
DATED:0310312025
ORDER
1HE SfA r4:
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.5r'arcH EQ t
WP.No.4131 of 2025
DISPOSING OF THEW.P
WITHOUT COSTS.
cI L
t-<br>0, 2L', <br>
1 issue framed by the court
Whether the seized motor cycle should be released when the petitioner had not first made an application under Section 44(3) of the Telangana Forest Act, 1967 to the Forest Divisional Officer.
4 provisions across 4 enactments
Mr. Shilam Anjaiah
State of Telangana, represented by its Principal Secretary, Forest Department
The District Forest Officer, Nagarkurnool District
The Forest Divisional Officer, Nagarkurnool District
The Forest Range Officer, Maddimadugu, Nagarkurnool District
Surepalli Nanda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
