Palthya Jagan Vs State of Telangana

Petition under Articre 226 oI the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ. order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the respondents No. 3 and 4 in registering the forest crime No. 96/oRVami/2024-2s, Dared 24.02.202s by seizing the 1. Eicher Tractor bearing No. Ap15AW6471 , cHASSrs No. 930415258724 2. Tractor Bearing No.TS.16.UC.772r with chassis No.

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CDADBBR2S5SSOasillegal'null,void,arbitraryandconsequentiallydirectthe respondents to^{release the above vehiclesto the petitioners'}

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IA NO: 1 OF 2025

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Petition undor^{section151 CPC praying thatin the circumstancesstated in} the affidavit^{filed ir support of the petition,the High Court may be pleased to} direct the 3rd^{and 4th Respondentsto release 1. Eicher Tractor bearing No'} AP1 5AW6471,^{C[1ASS|S NO.930415258724 2'Tractor Bearing} No.TS.16.UC.7727^{tuithchassisNo. GDADBBR285590,pending disposalof the} writ^petition.

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Counsel for the^{Petitioner : SRI K.DURGAPRASAD}

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Counsel forthe^{Respondents:ASST.GPFOR FORESTS}

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The Court made^{the following: ORDER}

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vu,bd

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HON'BLE MRS- JUSTICE SUREPALLI NANDA

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WRIT PETITIO N No.6523 of 2025

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ORDER:

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Heard Sri K. Durga prasad, learned counsel . appearing on behalf of the petitioners and the tearned Assistant Government Pleader for Forest, appearing on behalf of the respondent Nos.1 to 4.

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2 The petitioners approached the Court seeking prayer

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as under:

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"...to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents Nos.3 and 4 in registering the forest crime No. 96/OR/Varni/2O24-25, Dated 24.02.2025 by seizing the 1. Eicher Tractor bearing No. AP15AW6471, CHASSIS NO. 930415258724 2. Tractor Bearing No.TS.16.UC.7727 with chassis No. CDADBBR285590 as illegal, null, void, arbitrary and consequentially direct the respondents to release the above vehicles to the petitioners and to pass...".

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The case of the petitioners, in brief, is that the petitioners are the registered owners of Eicher Tractor bearing No.

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2

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wP 6523 2025

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Tractor AP.15.AW.64;'1,^{ChassisNo. 930415258724,2'}

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bearing No.^{l-S;.16.UC.7727 with ChassisNo' CDADBBR2B5590'} The respondent^{No.4 seized the saidvehiclesalleging that the} petitionershaveillegallytrespassedintoreserveforestlandand tried to encroach^{into reserve forest land area of 0'38Ha of land} and forest offir:ials^{registered a crime on the file of FRO, Varni} No. 96/OR/Verni/2024-25,^{dated 24.02.2025' Aggrieved by the} same, the^{petitioners filed the present writ petition'}

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Learnecl Assistant Government^{Pleader fcr'Forest,} appearing on behalf^{of the respondents submitsthat the} petitioners herc not filed any^{applicationto the respondentNos'3} and 4 seerking^{release of thesubiect vehicles i'e',} AP.15.AW.6471, Chassis^{No. 930415258724,2Tractor bearing} No. TS.16.UC .'7727^{with ChassisNo. CDADBBR2B5590}

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It is represented by^{the learned counsel appearingon} behalf of the^{earned AssistantGovernment Pleader For Forests} that the sultject^{issue in the presentwrit petition is squarely} covered by th,e order^{of this Court dated 13.02.2025 passed in} W.P. No.408() of^{2025,hence,the present writ petition couldbe} disposed of in terms^{of the aforesaid order.}

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wP 6523 2025

Learned counsel appearing on behalf of petitioners does not dispute the submissions made by the learned Assistant Government Pleader for Forests.

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7. 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 made by the learned Assibtant Government Pleader for Forests, appearing on behalf of the respondents and the learned counsel appearing on behalf of the petitioners,

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(c) The fact that the petitioners had not filed any application before the competent authority seeking release of the subject vehicles as on date,

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The writ petition is disposed of directing the petitioners to make an application as provided under Section 44 (l) and (3) of the Telangana Forest Act, L967 to the respondent No.2 herein within a period of one (1) week from the date of receipt of a copy of this order and upon the petitioners submitting an application to the

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4

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wP 6523 2025

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respondent Nos.3 and 4 herein, seeking release of the subject vehicles within a period of one (1) week from the date of receipt of a copy of this order, the respondent Nos.3 and zl shalt consider the same and pass appropriate orders in accordance to law, within a period of one (l) week thereafter and dury communicate the decision on the said apgrlication to the petitioners. However, there shall be no order as to costs.

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The mis:ellaneous applications, if any pending, shall stand

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closed.

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SD/. K. AMMAJI ASSIqTANT RE GISTRAR //TRUE COPY// I i..- - \becrroru oFFtcER

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