Disposed

Mudavath Kaika v. The State of Telangana

Telangana HC14 Feb 2025WP/4398/2025

Case brief

AI extract

What is this about?

Writ petition challenging seizure of the petitioner's Mahindra tractor by forest officers in POR No.19/032 alleging encroachment of reserve forest land. The Court noted the petitioner had not applied for release under Section 44(3) Telangana Forest Act and disposed of the petition directing her to apply within one week, with the District Forest Officer to decide within a week thereafter.

What did the court decide?

Petitioner to apply under Section 44(3) Telangana Forest Act within 1 week; respondent No.6 to decide within 1 week thereafter; no costs.

Mudavath Kaika Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

¶1

¶2

132s2)

¶3

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

¶4

FRIDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

¶5

PRESENT

¶6

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

¶7

WRIT PETITION NO: 4398 OF 2025

¶8

Between:

¶9

[,4udavath Kaika, W/o lVludavath Vithal, Age. 41 Yrs., Occ. Agriculture, H. No. 4- 1 0B/14, Srikonda Thanda, Valgodkalan, Nizamabad, Telangana.

¶10

...PETITIONER

¶11

AND

¶12

1 The State of Telangana, Rep. by lts Principal Secretary, Forest Department, Secretariat Buildings, Hyderabad.

¶13

2 The Additional Principal Chief Conservator of Forests, Nizamabad Circle, Nizamabad District.

¶14

The Forest Divisional Officer, Nizamabad District.

¶15

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

¶16

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

¶17

...RESPONDENTS

¶18

Petition under Article 226 o'f lhe 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 in the na of Writ of Mandamus declaring the action of the respondents No 3 and 4 in register in POR No 19/032 Dated 2310812024 by seizing the MAHINDRA Tractor bearing No TS 16 UC 8334 as illegal null void arbitrary and consequentially direct the respondents to release the MAHINDRA Tractor bearing, No TS 16 UC 8334 to the^petitioner.

¶19

lA NO: 1 OF 2025

¶20

Petition under Section^'1 51 CPC praying thdt in the circumstances stated in the affidavit filed in support of the petition, the High Court may be^pleased to

¶21

¶22

¶23

direct the 3rd and 4th Respondents to release the MAHINDR A Tractor bearing No TS 16 UC 8334 pending disposal of the writ petition.

¶24

Counsel for the Petitioner : SRI GULAM RABBANI

¶25

Counsel for the Respondents: ASST.GP FOR FORESTS

¶26

The Court made the following: ORDER

¶27

HON,BLE^{MRS' JUSTICE SUREPALLI NANDA} w RIT PE^{TITIONN o4398of20} 5

¶28

ORDER:

¶29

Heard Sri Gulam^{Rabbani,learned counsel appearing} on behalf^{ofpetitionerand thelearnedAssistant} Government^{Pleader for Forests' appearingon behalf of} the respondents'

¶30

2 Th n r a h t o tn f e

¶31

as under:

¶32

"...to issue^{an appropriate Writ' Order or direction} more in^{the nature of Writ of Mandamusdeclaring the} actionoftherespondentsNo.3and4inregisteringPoR No.19/032^{Dated 23-OB-2024 by seizing the MAHINDRA} Tractor^{bearingNo TS 16 UC 8334 as illegal null void} arbitrary^{and consequentially direct the respondentsto} release the^{MAHINDRA Tractor bearingNo'TS 16 UC} 8334 to^{the petitioner and pass such other and further} orders^{as this Hon'ble Court may deem fit and proper in} the circumstance^{of the case' "}

¶33

The case^{of the petitioner' in brief is that the petitioner ts} the owner^{and purchaserof the vehicle i'e'' MAHINDRATractor} bearing^{No.TS 16 UC 8334' On 23'08'2024' the respondentNo'5} seized the^{subject vehicleof the petitioner on the allegation that} the^{petitioner attemptedencroachmentof 0'39 Ha forest land of}

¶34

<br>

¶35

' *n orlrl lr. Manchippa Reserve Forest in Compartment No.136 of Doosgaon Beat of Manchippa Section of Nizamabad (South) Range. It is further the case of the petitioner that the Forest Beat OFficer, Badsi Beat, Nizamabad (South) Range, Nizamabad District, registered a case in pOR No.191032 dated 23.08.2024 and issued notice under Section 35(3) of BNSS to the petitioner and further, the said vehicle was detained by the respondent No.3. Aggrieved by the same, the petitioner filed the present writ petition

¶36

It is represented by the learned counsel appearing on behalf of the petitioner that the subject issue in the present Writ petition is squarely covered by the order of this Court dated 21.06.2024 passed in W.p.No.1546t of 2024 and hence, the petitioner herein is entifled for the similar relief as extended to the petitioners in W.p.No.1546t of 2024.

¶37

Learned Assistant Government pleader for Forests, appearing on behalf of respondents, however, disputes the same and submits that no doubt, this Court had passed relief to the petitioners in W.p.No.1S46t of 2024, but, admittedly, as borne on record, in the present case, the petitioner hacr not even made any application to the respondent No.6_District Forest Officer, Nizamabad District under Section aae) ot the Telangana Forest

¶38

SN, J wP 4198 2025

¶39

¶40

Act, 1967^{seekingreleaseof the subject vehicle and therefore'} there is no^{cause of action for the petitioner to approach the} Court by^{filing the presentwrit petition.}

¶41

Learned Assistant^{Government Pleader forForests,} appearing on^{behalf of the respondents howeversubmits that} upon the^{petitioner makingan appropriate applicationas} provided under Section^{44(3) ot the Telangana Forest Act, 1967} to the respondent^{No.6,the respondentNo'6 would consider the} same in accordance^{to law, within a reasonableperiod and pass} appropriate^{ordersfor releaseof petitioner's vehiclewhich had} been seized by^{the concerned Forest Beat Officer of Nizambad} District

¶42

7. Section 44(1)^{and Section 44(3) of the Telanoana} A 1 6 r e ed nd

¶43

"(1) Where there is^{reason to believethat a forest} offence has^{been committedin respectof any timberor} forest^{produce, such timber, or forest produce,together} with all tools,^{ropes, chains,boats, vehicles and cattle} used in committing^{any such offence may be seized by} any forest officer^{or policeofficer".}

¶44

"(3) Any forest^{officer not below} the rank of a Forester, who or^{whose subordinate} has seized any tools, ropes,^{chains, boats, vehicles or cattle under sub-}

¶45

¶46

SN. J \,? 4398 2025

¶47

section (1) and where he makes a report of such seizure to the Magistrate under sub-section (2)l mav release the same on the execution bv the owner thereof a bond for the production of the property so released, if and when so required before the magistrate."

¶48

Takinq into consideration:

¶49

a) The aforesaid facts and circumstances of the

¶50

case/

¶51

b) The submissions put forth by both the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pteader for Forests, appearing on behalf of respondents,

¶52

c) Section 44(L) and Section 44(3) of the Telangana Forest Act, L967 (referred to and extracted above) and,

¶53

d) The order of this Court dated 2t.O6.2O24 passed in W.P.No.1546L ot 2O24,

¶54

The writ petition is disposed of directing the petitioner to make an appropriate application as provided under Section (3) of the Telangana Forest Act, 1967 to the respondent No.6 seeking release of the petitioner's vehicle i.e., MAHINDRA Tractor bearing No.TS 16 UC a334 seized by the 5th respondent herein duly registering POR

¶55

SN. J wP 4398 2025

¶56

)

¶57

No.19/O32, dated 23.OA.2024 agaanst the^petitioner within a period of one(1) week from the date^{of receipt of} a copy of this order and upon^receipt of^{the said} application to be submitted by the^{petitioner,the} respondent No.6 shall consider the^{same and pass} appropriate orders in accordance^{to law within a periodof} one( 1) week thereafter and duly^{communicatethe} decision on the said application^{of the petitionerseeking} release of the^petitioner's vehicle^{i.e., MAHINDRA Tractor} bearing No.TS 16 UC 8334 to the^{petitioner herein.} However, there shall be no order^as to^costs.