THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.38510 of 2014 Between: Darangula Yellaiah And Dated 18th December, 2014 …Petitioner The State of Telangana, rep.by its Principal Secretary, Forest Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri C.Hari Preeth Counsel for the respondents: GP for Forests (TS) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent Nos.2 to 4 in detaining the tractor and trailor bearing No.AP01 AH 1921 from 16.10.2014, as illegal and arbitrary. The petitioner sought for a consequential direction to respondent Nos.2 to 4 to forthwith release the seized vehicle to him.
The petitioner averred that he has purchased the tractor and trailor on 10.07.2013 and that on 16.10.2014, respondent No.3 and his subordinate staff stopped the petitioner’s vehicle on the pretext that he dashed the jeep bearing No.AP05 8908 of respondent No.3 near Renkoni stream when the latter tried to apprehend the tractor as it was allegedly found carrying sand exploited from the reserve forest. That respondent No.4 has registered Crime No.155 of 2014 on 16.10.2014 for the offences under Sections 186 and 279 IPC and that respondent Nos.3 and 4 have taken away the vehicle and kept the same in the office of respondent No.3.
The petitioner further averred that he was arrested and released on bail on 17.10.2014 but the vehicle was kept in the safe custody of respondent No.3, even though he has no jurisdiction or authority to do so, as a crime was already registered by respondent No.4. The petitioner also averred that respondent No.4 has filed charge sheet in the criminal case which was numbered as C.C.No.54 of 2014 and the same was closed by the Lok Adalat held by the Special Judicial Magistrate of First Class, Nirmal on 06.12.2014 by imposing fine of Rs.1,200/-.
The grievance of the petitioner is that respondent No.3 has detained the vehicle from 16.10.2014 without any authority.
The learned Government Pleader for Forest (TS), on instructions, submitted that besides registration of Crime No.155 of 2014 by respondent No.4, respondent No.3 has registered POR Case No.5763/231, dated 17.10.2014, for the alleged offences under Sections 20, 29 and 44 of the A.P.Forest Act, 1967 and that the vehicle is given to the Assistant Beat Officer for interim custody. He has further submitted that the petitioner is entitled to make an application for release of the seized vehicle pending enquiry.
In the light of the fact that respondent No.3 is stated to have registered a criminal case for the alleged forest offences, detention of the vehicle in his custody cannot be said to be illegal. However, as rightly submitted by the learned Government Pleader, the petitioner is entitled to seek release of the tractor and trailor pending enquiry before respondent No.2.
Accordingly, the petitioner is permitted to make an application for release of the seized tractor and trailor. Within one week from the date of receipt of such application, respondent No.2 shall consider, pass appropriate order and communicate the same to the petitioner.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.48207 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 18th December, 2014
VGB