M/s. Lsr Engineering Private Limited Vs The Chief Conservator of Forests

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

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THURSDAY, THE TWENry SEVENTH 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: 5892 OF 2025

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Between:

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M/s. LSR Engineering Private Limited, Rep. by its Director, Lingala Sudheer Reddy, Aged about 54^Years, Occ. Business, Rl/o. Flat No.502,-Jai Sai Ram Residency, KNR Hills,^Puppalaguda, Hyderabad - 500 089.

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...PETITIONER

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AND

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The Chief Conservator of Forests, Bhadradri Circle, Warangal.

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The Authorized Officer and Forest Divisional Officer, Mahabubabad.

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...RESPONDENTS

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Petition under Article 226 ot 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 or order or direction more particularly one in the nature of Writ of Mandamus i) To declare the inaction of Respondent No.1 in registering, expeditiously hearing and^disposing of the statutory appeal dated 1310212O25 liled by the^petitioner under^{Section44(2D)} of the Telangana Forest Act, 1967 challenging the^proceedings dated O4lO2l2O25^passed in Rc. No. 2212O25152 by Respondent No.2, wherein the respondent^No.2 ordered confiscation of the vehicles viz., 2 Tippers Bearing Nos TS07UH7961 (Chassis No MEC24168DKP085086) and TS07UH7964^(Chas is No. MEC24168EKP085250) and Kobeloc Hitachi,^{Model No.SK380XDL-10,} erial No. YC14505245 to the state as per^powers delegated under Section^44(2-A) of the Telangana Forest Act, 1967 and rules made thereunder is as arbitra ,^illegal and violative of Section 44(2D) of the Telangana Forest Act, 1967 aparlt m being violative of Article 300A of the Constitution of lndia, ii) Consequently, irect the Respondent No.1 to

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register, call for records from the respondent No.2, expeditiously hear and dispose of the statutory appeal dated 1310212025 filed challenging the proceedings dated 0410212025 passed. in Rc. No. 2212025152 by Respondent No.2 and to grant temporary/ interim custody of the above said confiscated vehicles and machinery till the disposal of the above said statutory appeal.

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lA NO: 1 OF 2025

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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 grant interim custody of the confiscated vehicles viz., 2 Tippers Bearing Nos. TS07UH7961 (Chassis No. MEC2416BDKP0850B6) and TS07UH7964 (Chassis No. MEC24168EKP0B5250) and Kobeloc Hitachi, Model No.SK380XDL-10, Serial No. YCl 4505245 belonging to the petitioner on such conditions as this Honourable Court deem fit and proper pending disposal of the Writ Petition

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Counsel for the Petitioner: M/S SUMITH RAJ

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Counsel forthe Respondents: AGP FOR FORESTS

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The Court made the following: ORDER

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HON'BLE MRS. JUSTICE^{SUREPALLINANDA}

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WRIT PETITION o.5892^()F zlJ25

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ORD ER:

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Heard Sri R.S. Sumith Raj,^{learned counsel} appearing on behalf of the^{petitioner,learnedAssistant} Government Pleader^{for Forests, appearing on behalf of} respondent Nos.1 and^2.

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The^petitioner approached^{the Coutt seeking} prayer as under:

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...to issue a writ or order or^{direction more} particularly one in the nature of Writ^{of Mandamus}

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(i) To declare the inaction of^{Respondent No 1 in} registering expeditiously^{hearing and disposingof} the statutory appeal^{dated 73102/2025 filed by the} petitioner under Section 44(2D) of the^Telangana Forest Act, 1967 challenging^{the proceedings dated} O4lO2l2O25^passed in^{Rc.No.22/2025/52by} Respondent No.2 wherein the^{respondentNo.2} ordered confiscation of the^{vehiclesviz 2 Tippers} Bearing Nos. TS07UH7961^{(Chassis No.} MEC2416BDKPOB50B6) and^{TS07UH7964(Chassis} No.MEC2416BEKPOB5250) and^{KobelocHitachi} Model No.SK38oXDL-10,^{Serial No. YC14505245to}

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2

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wP 5892 2025

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the state as per powers delegated under Section 44 (2-A) of the Telangana Forest Act, 7967 and rules made thereunder is as arbitrary, illegal and violative of Section 44 (2D) of the Telangana Forest Act, L967 apart from being violative of Article 300-A of the Constitution of Ind ia;

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(ii) Consequently, direct the Respondent No.1 to register call for records from the respondent No.2, expeditiously hear and dispose of the statutory appeal dated 73/0212025 filed challenging the proceedings dated 04/0212025 passed in Rc. No. 22/2025152 by Respondent No.2 and to grant temporary/interim custody oF the above said confiscated vehicles and machinery till the disposal of the above said statutory appeal and;

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(iii) and pass...".

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The case of the petitioner, in brief, is that the petitioner is engaged in the business of agriculture and its allied activities. The petitioner acquired large tracts of agricultural land admeasuring Ac.58.03 guntas in Sy.No.25B, 2Sg, 260, 262, 263 and 266 situated at Vemnoor Village, Mahabubabad Mandal, Mahabubad District. The petitioner applied for installation of crusher in land admeasuring Ac.7.Ll guntas in

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3 wP 5892 2025

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.J)

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Sy.No. 263/A7/L^{beforetlre office of theAssistant} Director, Mines and Geology,^{Mahabubabad'The Forest} Range Officer,^{Mahabubabadissued anotice dated} 15.07.2024 alleging^{that the petitioner had entered into} Forest compartment^{Nos.1191and 1192 within Vemnoor} Forest Beat,^{Eedula PusapallySection, MahabubabadForest} Range. The^{petitioner submittedreply dated 20'07'2024'} stating that the^{petitioner had got the boundaries fixed'} However, the^{ForestRangeOfficer, Mahabubabad directed} the^{petitionerto stop ali activities over the subject property} pending survey and demarcation'^{The DeputyInspectorof} Survey conducted^{a joint survey and submitteda report vide} letterdated03,lO.2024,confirmingthatthesubjectproperty is classified as^{patta land as per Revenue Records'TheForest} Range Offlcer,^{Mahabubabad Mandal has again issued a letter} dated 17.10.2024^{stating that the said lands are forest lands} and directed^{the petitionerto stop all activities over the} subject Property'

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3(i). It^{is furthercase of the petitioner that the respondent} No.2 issued^{proceedingsdated 04'02'2025confiscating 2} Tippers Bearing^{Nos. TS07UH7961 (ChassisNo'}

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4

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wP 5892 2025

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MEC2416BDKP0B5086) and TSO7UH7964 (Chassis

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No.MEC2416BEKpOB5250) and Kobeloc Hitachi Model No.SK3BOXDL-10, Serial No. yCt45O5Z45 to the State. Aggrieved by the proceedings dated 04.02.2025 passed by the Authorized Officer and Forest divisional Officer, Mahabubabad District, the petitioner filed a statutory appeal before the respondent No.1 under Section 44 (2D) of the Telangana Forest Act, 1967. The respondent No.1 failed to register the said appeal. Aggrieved by the said action of the respondent No.1, the present writ petition is filed.

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4 h ear G ern nt lea r o s at re s n tn ton rt t he st on t sin a itt bor re ord hea^peal Dre rred bv theoetition rda ted 2 o2s asr t ref e rt f M ndam us ca nnot e tss ed.

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The learned counsel appearing on behalf of the petitioner submits that since the vehicres confiscated are the vehicles through which the petitioner does agricultural

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5 wP 5892 2025

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activities, it is^just and necessary that the^appeal preferrecl by the petitioner needs to be disposed of expeditiously.

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6, Takinq into consideration :

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(a) The aforesaid facts and circumstances of the

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case,

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

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(c) The fact as borne on record that the appeal preferred by the petitioner dated 13.02.2025 against the order dated O4.O2.2025^passed in^{Rc.No.22120251} 52 is pending for final adjudication and disposal^before the 1d respondent.

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The writ petition is disposed of directing^{the lst} respondent to consider and^dispose of the^appeal preferred by the petitioner under Section 44 (2D) of the Telangana Forest Act, L967 challenging the^proceedings dated 04.02.2O25 vide Rc.No.22l202515.2^{issuedbY 2"o} respondent on merits by^passing appropriate^orders deciding the subject issue, within a^{period of four (O4)}

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6 wP 5892 2025

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c

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weeks from the date of receipt of a copy of the order, in accordance to law, in conformity with principles of natural justice by providing a reasonable

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opportunity of personal hearing to the petitioner.

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However, there shall be no order as to costs.

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As a sequel, the miscellaneous petitions, if

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any, pending in the Writ^petition shall also stand closed

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SD/-MOHD.^ISMAIL REGISTRAR //TRUE COPY// ON OFFICER^{Forests, Bhadradri Circle'Forest Divisional Officer , Mahabubaba d. , Mahabubaba d.Mahabubaba d. d.} trjJ^{Forest Divisional Officer , Mahabubaba d. , Mahabubaba d.Mahabubaba d. d.}

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To,

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21 The The Authorized Chief Conserva^{Officer tor of and Forests, Bhadradri Circle'Forest Divisional Officer , Mahabubaba d. , Mahabubaba d.Mahabubaba d. d.} 3 One CC to^{M/s. Sumith Raj'Advocate [OPUC]} 4 Two CCs to^{GP for Forests,High Court for theState of Telangana,at} Hyderabad [OUT]

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