Vemula Pavan Kalyan Goud Vs The State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the atfidavit filed therewith. lhe High Courl may be^pleased lo issue a Wnt Order or direction more in the nature of Writ of Mandamus declaring lhe action of the respondents No 3 and 4 in registering POR No 291035 Oated 2310812024 by seizing the JOHNDEERE Tractor bearing No AP 25 AE 8436 as illegal null void arbitrary and consequenlially direct the respondents to release the JOHNDEERE Tractor bearing No AP 25 AE 8436 to the petitioner.

¶20

l.A.NO:1 OF 2025

¶21

Petition Under Section 151 CPC^praying that in the circumsiances 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 JOHNDEERE Tractol bearing No AP 25 AE 8436 pending disposal of the writ petition.

¶22

Counsel for the Petitioner : SRI GULAM RABBANI

¶23

Counsel for the Respondents ; AGP FOR FORESTS

¶24

The Court made the following ORDER

¶25

I

¶26

HON'BLE MRS. JUSTICE SUREPALLI NANDA

¶27

WRIT PETITION No.4403 ot 2025

¶28

ORDER:

¶29

Heard Sri Gulam Rabbani, learned counset appearing on behalf of petitioner and the learned Assastant Government Pleader for Forests, appearing on behalf of the respondents.

¶30

The o titioner a ooroached the Court seekinq p raver as under:

¶31

"...to issue an appropriate Writ, Order or direction more in the nature of Writ of Mandamus declaring the action oF the respondents No.3 and 4 in registering pOR N0.29l035 Dated 23-08-2024 by seizing the JOHNDEERE Tractor bearing No.AP 25 AE 8436 as illegal null void arbitrary and consequentially direct the respondents to release the JOHNDEERE Tractor bearing No.AP 25 AE 8436 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.,,

¶32

The case of the petitioner, in brief, is that the petitioner is the owner and purchaser of the vehicle i.e., JOHNDEERE Tractor bearing No.AP 25 AE 8436. On 23.08.2024, the respondent No.5 seized the subject vehicre of the petitioner on the ailegation that the petitioner attempted encroachment of 0.45 Ha forest rand of

¶33

2

¶34

SN, J wP 4403 2025

¶35

Manchippa Reserve Forest in Compartment No.13B of Badsi Beat oF Manchippa Section of Nizamabad (Souih) 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.291035 dated 23.08.2024 and issued notice under Section 35(3) of BNSS to the petitioner and the said vehicle is 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 squarery covered by the order of this court dated 21.06.2024 passed in W.p.No.15461 of 2024 and hence, the petitioner herein is entifled for the similar relief as extended to the petitioners in W.p.No.1546I 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.1546l of 2024, but, admittedly, as borne on record, in the present case, the petitioner had not even made any application to the respondent No.6-District Forest Officer, Nizamabad District under Section 44(3) of the Telangana Forest Act, 1967 seeking release of the subject vehicle and therefore,

¶38

3 SN, J wP 4401 202s

¶39

there is no cause of action for the petitioner to approach the Court by filing the present writ petition.

¶40

Learned Assistant Government pleader for Forests, appearing on behalf of the respondents, however, submits that upon the petitioner making an appropriate application as provided under Section 44(3) ot the Telangana Forest Act, 1967 to the respondent No.6, the respondent No.6 would consider the same in accordance to law, within a reasonable period and pass appropriate orders for release of petitioner,s vehicle which had been seized by the concerned Forest Beat Officer of Nizambad District.

¶41

7. Section 44(1) and Section 44(3'l of the Telanoana Forest Act, 1957 are extracted hereunder:

¶42

"( 1) Where there is reason to believe that a forest offence has been committed in respect of any timber or forest produce, such timber, or forest produce, together with all tools, ropes, chains, boats, vehicles and catile used in committing any such oFfence may be seized by any forest officer or police officer,,.

¶43

"(3) Any forest officer not below the rank of a Forester, who or whose subordinate has seized any tools, ropes, chains, boats, vehicles or catfle under sub_ section ( 1) and where he makes a report of such seizure

(t

4

SN. J wP 4401 2025

to the Magistrate under sub-section (2)l maY release the same o the execution bv the owner thereof a

¶48

bond for the production of the property so released, if and when so required before the magistrate."

¶49

8. Takino in consideration:

¶50

a) The aforesaid facts and circumstances of the

¶51

case,

¶52

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

¶53

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

¶54

d) The order of this Court dated 2L.O6.2O24 passed in W.P.No.1546L ot 2024,

¶55

The writ petition is disposed of directing the petitioner to make an appropriate application as provided under Section 44(3) of the Telangana Forest Act, 1967 to the respondent No.6 seeking release of the petitioner's vehicle i.e., JOHNDEERE Tractor bearing No.AP 25 AE 8436 seized by the Sth resoondent herein duly registering POR

¶56

SN, J wP 4,103 2025

¶57

No.29/O35, dated 23.O[J.2O24 against 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 period of one(1) week thereafter and duly communicate the decision on the said application of the petitioner seeking release of the petitioner's vehicle i.e., JOHNDEERE Tractor bearing No.AP 25 AE 8436. However, there shall be no order as to costs.

¶58

As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed.

¶59

SD/. A.V.S.PRASAD ASSISTANT REGISTRAR

¶60

//TRUE COPY//

¶61

SECTION OFFICER

¶62