Gundaram Shankar Vs The State of Telangana

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 a writ, order or direction more particularly one in the nature of Writ of mandamus to declare the action of the Respondent No.3 and 4 in seizing the petitioners vehicle tractor Bearing No.TS16EH741B, Engine No.PY3029H069218 and chassis No.1PY5310EHGA009B34 vide POR (Preliminary Offence Report) File No.68/0R/lndalwail2O24-25 dated 13.O9.2024 and detaining the said vehicle in the custody of Respondent No.S authority District Forest Range Head Quarters, Nizamabad District since 13.09.2024, as being illegal, arbitrary, unjust apart from being violative of Principles of Natural Justice Under Article 14, 21 , and 19-(1) (g) of the Constitution of lndia and

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consequently direct the 5th Respondent to release the petitioner vehicle tractor Bearing No.TS16EH741B, Engine No. py3029H069218 and chassis No.1 PY531 0EHGA009834

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l.A.NO:1 OF 2025

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Petition Unde' section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Sth Respondent to release the Petitioners vehicle tractor Bearing No.TS16EH7418, Engine No. PY3029H0692i8 and chassis No.'1 PY5310EHGA009B34, pending disposal of the above writ petition.

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Counsel for the Petilioner : SRt USAKOYEELA CHANDRASHEKAR Counsel forthe Respondents : SRI y.RANDHEER, Gp FOR FORESTS The Court made the following ORDER

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HON'BLE MRS. JUSTICE^{SUREPALLI NANDA} w RIT PETITI N 427 F2

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ORDER:

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Heard Sri U'Chandra^{Shekar, learnedcounsel} appearing on^{behatf of the petitioner and Sri Y'Randheer} learned Government^{Pleader forForest, appearing on} behalf of the^resPondents'

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2 h e lone ch he rts kin e

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as under:

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"...to issue a^{writ, order or directionmore} particularly one in the^{nature of Writ of mandamus to} declare the action^{of the RespondentNo'3 & 4 in seizing} the^{petitioner'svehicletractor BearingNo'TS16EH741B,} chassis Engine No.PY3029H069218^and No. 1 PY53 10EHGAOogB34^{vide POR( Prelimina ry Offence} Report) File^{No.6B/OR/Ind alwail2O24-25dated} 13.0g.2024 and^{detaining the said vehicle in the} custody of^{Respondent No.5 authorityDistrict Forest} Range Head Quarters,^{NizamabadDistrictsince} 13.Og-2024, as being^{illegal, arbitrary, unjust apart} from being violative of^{Principlesof Natural lustice} Under Article^14, 2l^{and 19(1)(g) of the Constitutionof} India and Consequently^{direct the 5th Respondent to} release the Petitioner^{vehicle tractor Bearing} No.TS16EH741B,^{EngineNo.PY3029H069218and} chassis No.1PY531OEHGA009B34^{and pass such other}

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order or orders as this Honble Court may deem fit and proper in the circumstances of the case and to pass such other order or orders as this Hon,ble Court may deems fit as just and proper in the circumstances of the case. "

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The case of the petitioner, in brief, is that the petitioner is the permanent resident of Challagarga Village, Dharpally Mandal, Nizamabad District, and the owner-cum -driver of a tractor bearing No.TS16EH7418, Engine No.py3029H069218 and chassis No.1PY5310EHGA009B34. On 13.09.2024, the respondent Nos.3 and 4 seized the petitioner's tractor and since then, detained the said vehicle in the custody of the respondent No.5 by falsely alleging that the petitioner along with two other persons illegally encroached the forest land by ploughing and leveling the same and the petitioner had been arrayed as accused No.3 in pOR No.6BlOR/Ind alwai/2024-25, Aggrieved by the same, the petitioner filed the present writ petition.

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Learned Assistant Government pleader for Forest, appearing on behalf of the respondents submits that the petitioner had not filed any application as provided under Section 44(3) of the Telangana Forest Act, 1967 seeking release of the subject vehicle i.e., tractor bearing No.TS16EH7418.

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Learned Assistant^{GovernmentPleader forForest'} appearing on behalf^{of the respondentsfurthersubmits that} upon the^{petitionermaking an appropriate applicationas} provided under Section^{44(3) of the TelanganaForest Act' 7967} to the respondent^{No.5, the respondentNo'5 would consider the} same in accordance^{to law,withina reasonable period'}

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6 n4 t e la naF r st t9 7as

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extracted hereunder:

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"(3) Any^{forest officernot below the rank of a} Forester, who^{or whose subordinatehas seizedany} tools, ropes,^{chains,boats, vehiclesor cattle under sub-} section (1) 17[and^{where he makes a report of such} seizu re to the^{Magistrateunder sub-section (2)l may} release the^{same on the execution by the owner thereof} a bond for^{the productionoF the property so released' if} and when so^{required before the magistrate'"}

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7. Ta n in nsr ra n

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(a) The aforesaid^{facts and circumstancesof the}

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case

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(b) The submissions^{made by the learnedcounsel} appearing on^{behalf of the petitioner and the learned}

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a

Government Pleader for Forests, appearing on behalf of the respondents,

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(c) The fact as admitted by the learned counse! appearing on behalf of the petitioner that the petitioner had not made any application as on date as provided under Section 44(3) of the Telangana Forest Act, 1967,

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The writ petition is disposed of directing the petitioner to make an application as provided under Section 44(3) ot the Telangana Forest AcL L967 to the respondent No.5 seeking release of the subject vehicle seazed vide File No.68/OR/Indalwai/2024-25 dated L3.O9.2O24 and presently detained in the custody of Respondent No.5 herein within a period of one(1) week from the date of receipt of a copy of this order and upon the petitioner submitting an appropriate applicataon to the respondent No.S herein under Sectaon 44 (3) of the Telangana Forest Actt L967, within a period of one(l) week from the date of receipt of a copy of this order, the respondent No.5 shall consider the same and pass appropriate orders in accordance to Law, within a period of one(1) week thereafter and duty communicate the

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decisiononthesaidapplicationtothepetitioner.

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However, there^{shall be no order as to costs'}

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Asa sequel, the^{miscellaneous petitions' if}

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any^{pending, in the Writ Petition shall alsostand closed'}

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SD/.P. PADMANABHA^REDDY ASSISTANT^REGTSTRAR

/ITRUE^COPY//

ECTION^OFFICER

To

The Principal^{Secretary, Forest Department' Secretariat Buildings' State of} Telanoana at^HYderabad'

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iI5 iffirc;;;ilri;;^{Forest' Aranva B!?Yqn: sairabad' Hvderabad'} 3. ii " i"i".t^{Beat Officer, Dubbak' SiddipetD]stricll.. ..}

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iii; ;;;;;iar"g"^{om"Lt, lndalwai' Nizamabad District'} 5. ii;; il ri"t^{i;rJ.t offi""',HQ Nizamabad' Nizamabad District'} 6. Two CCs^{to GPFOR FORESIS, H'Sh Court for the State of Telanganaat} Hvderabad. [OUT]

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