Jogu Uma Vs State of Telangana

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132s21

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

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MONDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENry FIVE

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PRESENT

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THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

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WRIT PETITION No :4572OF 2025

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Between:

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lgOggm-a,^{Wo Govardhan, aged 35 years, occ. ownerof} JCB vehicle Nc. TS 04 FG 0964 Rt/o H.No. 2-2-6, Garieswaram village of fnammim uinan mandal, Khammam district

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AND

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...PETITIONER

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State of. Telangana, rep qy its principal Secretary, Forest Department, Secretariat buildings, Hyderab'ad.

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The District Forest Officer, Khammam, Khammam city and district.

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The Forest RQ19e Office,-r, Khammam range, Khammim city and district.

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The. Deputy Range Officer, Erlapudi s6ction, ChinthagJrthy beii,-iompt. No.45, Khammam.

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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 a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents, particularly respondent No.4 in high handedly seizing the vehicte of the petitioner i.e. JCB vide registration No. TS 04 FG 0964 under the pretext of poR No. g1toV2oz425 Dt.08-01-2025 and holding in custody of respondent No.3 as iltegal, arbitrary, null and void and in violation of principles of natural justice and arlicles 14,21 and 300-4 of the constitution of lndia and consequenfly direct the respondent No.3 to release the vehicle of the petitioner i.e. JCB vide registration No. TS 04 FG 0964 forthwith

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lA NO: 1 OF 202s

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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 Respondents to release the vehicle of the petitioner i.e. JCB vide registration No. TS 04 FG 0964, pending disposal of the above writ petition

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Counsel for the Petitioner: SRl. TARUN RAM AITHAM

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Counsel forthe Respondents: AGP FOR FORESTS

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The Court made the following: ORDER

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f-

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HON,BLE^{MRS. JUSTICESUREPALLI NANDA}

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WRIT PETITION^{No.4572 of 2O25}

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ORD ER:

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.^{Heard Sri Tarun Ram Aitham, learnedcounse!} appearing on^{behalf of the petitioner, learned Assistant} GovernmentPteaderforForests,appearingonbehalfof respondent Nos'1^{to 4.}

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2. The petitioner^{approachedthe Court seeking prayer}

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as under:

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"...to issue a Writ,^{order or directionmorepafticularlyone} in the nature^{of Writ of Mandamus declaringthe actionof} the respondents,^{particularlyrespondentNo'4 in high} handedly seizing^{the vehicle of the petitioneri'e' ICB vide} registration^{No.TS 04 FG 0964under the pretextof POR} No. 91/OR/2024-25,^{Dt 0B-01-2025 and holding in custodv} of respondent^{No.3 as itlegal, arbitrary, null and voidand} in violation of^{principlesof natural justice and articles 14'} 21 and 300-4^{of the Constitution of indiaand consequently} direct the^{respondent No.3 to releasethe vehicleof the} petitioner ie. ICB vide^{registration No'TS 04 FG 0964} forthwith and Pass-..".

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PE ED HE co

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The learned^{counselappearing on behalf of the petitioner} submits that^{the petitioneris entitledto the relief as extendedin}

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SN, J wP 4572 2025

the order dated^{22.08.2023passed in Writ Appeal No'B3Bof} 2023 against the^{order dated19.07.2023 passedin W'P' No'} 17776 of 2023.

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The learned Assistant^{Government Pleader for Forests} 4, furthersubmitsthatthepetitionerisnotentitledforthesaid relied as extended^{vide order dated 22'08'2023 passed in Writ} Appeal No.B3B of^{2023 since the petitioner did not file any} application as^{on date under Section44 of the TelanganaFgrest} Act, 1967 before^{the2nd respondent and therefore the petitioner} may be directed to^{submit a detailed explanation seekingrelease} ofthesubjectvehicleofthepetitioneri.e.JCBvideregistration No.TS 04 FG 0964^{to the 2nd respondenthereinand the 2nd} respondent may^{considerthe sameas per Section 44 (3) of the} Forest Act, 1967.

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Section 44^{(1) and 44 (3) of the Forest Act' 1967} reads as under:

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"44. (1) Where there is reason to^{believe that a forest} offence has been^{committedin respect of any timber or} forest produce, such timber,^{or forest produce, together} with all tools, ropes, chains,^{boats,vehiclesand cattle} used in committing any such offence^{maybe seizedby} any forest officer or^police officer.

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SN. J wP 45',72 2025

(3) Any forest officer^{not below the rank of a Forester,} who or whose subordinate^{has seized any tools, ropes,} chains, boats,^{vehicles or cattleunder sub-section(1)} 17land where^{he makes a report of such seizure to the} Magistrate under^{sub-section(2)l may releasethe} same on the execution^{by the owner thereof a bond for} the production of the^{propertyso released,if and when} so required before^{the Magistrate".}

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The learned^{counselappearing on behalf of the petitioner} does not dispute^{the said submission made by the learned} Assistant Government^{Pleader for Forests'}

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6. Ta rno IN considerati^on

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(a) The facts and circumstances^{of the case,}

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(b) The submissions^{made by the learnedcounsel} appearing on^{behalf of the petitioner and the learned} Assistant Government^{Pleader for Forests,}

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(c) The fact that the^{vehicleof the petitioner i'e' JCB} vide registrataon^{No.TS 04 FG 0964 had been seizedby the} respondent No'3^{and is in custody of respondent No'3 in} view of POR No'^{}L/OP./2O24-25 dated O8'O1'2O25till as} on date.

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SN, J wP 4572 2025

(d) Section 44 (t) and 44 (3) of the Forests Act, 1967 (referred to and extracted above),

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The writ petition is disposed of directing the petitioner to make an apptication seeking release of petitioner's subject vehicte i.e. JCB yide registration No.TS O4 FG 0964 before the 2nd respondent herein within one (1) week from the date of receipt of a copy of this order. Upon submission of such apptication by the petitioner, the 2nd respondent is directed to consider the same in accordance to taw, in conformity with principles of natural justice and pass appropriate orders by giving an opportunity of personal hearing to the petitioner, within one (1) week thereafter.

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

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SD/.P. PADMANABHA REDDY SI TANT REGISTRAR

//TRUE COPYII

ECTION OFFICER

To,

The Principal Secretary, Forest Department, Secretariat buildings, T. S.. Hvderabad

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The Diitrict Forest Officer, .Khammam, Khammam city and district.

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The Forest Ranoe Officer, Khammam'range, Xhimham city anO Oistrict 4. rhe Deourv Ran'oe officei, ari;piidi ;d;i;'":'ciiiiiilagurt6y'b;;i;;;;;i: No.45, Khdmmaft.

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