HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28441 of 2014 Date:07.10.2014 Between:
Chittee Sudhakar, S/o Sammaiah . Petitioner And:
The Govt of Telangana, reptd by its Principal Secretary, Forest Department, Hyderabad and two others.
. Respondents Counsel for the Petitioner: Sri P.Chandrakanth For Sri P.Pravin Kumar Counsel for the Respondents: GP for Forests of Government of Telangana The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.2, in imposing the condition of furnishing bank guarantee for a sum of Rs.3 lakhs for release of the seized tractor bearing registration No.AP 36 AH 8673 to the petitioner pending the criminal case before the Court of the Judicial First Class Magistrate, Narasampet, as illegal and arbitrary.
I have heard Sri P.Chandrakanth, learned counsel representing Sri P.Pravin Kumar, learned counsel for the petitioner and learned Government Pleader for Forests of Government of Telangana.
The petitioner’s tractor bearing registration No.AP 36 AH 8673 of John Deer make was seized by the forest officials on the allegation that on 05.07.2014, the same entered into the reserve forest area situated at Gandhinagar shivaru. A criminal case was registered and the same is pending in the Court of the Judicial First Class Magistrate, Narasampet. The petitioner filed an application before respondent No.2 for release of the seized tractor. The said application was disposed of by respondent No.2 by directing release of the seized tractor, subject to the petitioner furnishing bank guarantee for a sum of Rs.3 lakhs.
At the hearing, Sri P.Chandrakanth, learned counsel representing Sri P.Pravin Kumar, learned counsel for the petitioner, submitted that the petitioner being an agriculturist, the condition of furnishing bank guarantee for Rs.3 lakhs is onerous. He has further submitted that his client will deposit the original Registration Certificate to ensure that he will not transfer the tractor.
Learned Government Pleader for Forests of Government of Telangana stated that mere deposit of Registration Certificate of the seized tractor may not prevent the petitioner from transferring the same.
Having regard to the facts and circumstances of the case, I am of the opinion that the amount for which bank guarantee is directed to be furnished may be reduced to a reasonable extent besides directing the petitioner to deposit the original Registration Certificate relating to the seized tractor with respondent No.2 pending Criminal proceedings.
Accordingly, the impugned proceedings in Rc.No.2139/2014/55, dated 12.09.2014, of respondent No.2 is modified to the effect that the petitioner shall furnish bank guarantee for a sum of Rs.2 lakhs besides depositing the original Registration Certificate relating to the seized tractor with respondent No.2 pending disposal of the criminal case. Other conditions mentioned in the impugned proceeding shall remain in tact.
The Writ Petition is, accordingly, disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.35610 of 2014 filed by the petitioner for interim relief stands disposed of as infructuous.
07th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY