THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38498 of 2014 Dated 23.12.2014 Between:
E. Sivaji and another …Petitioners And The Divisional Forest Officer, Nandyal, Kurnool District and another …Respondents Counsel for the petitioners: Mr. P. Nagendra Reddy Counsel for the respondents: A.G.P for Forests (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in detaining the vehicle bearing registration No.AP 21 X 0483 along with the baskets manufactured by petitioner No.1 and others, without following due procedure of law, as illegal and arbitrary.
The petitioners averred that they are manufacturers of tatties and baskets with bamboo; that for the said activities, they purchase the bamboo from the Forest Department and distribute the same among the workers for preparation of tatties, baskets and other bamboo products; that when petitioner No.1 was transporting the finished product in a mini motor vehicle bearing registration No.AP 21X 0483 belonging to petitioner No.2, the officials of the Forest Department detained the said vehicle along with the finished product, without following due legal procedure and that the petitioners and others approached respondent No.1 with a request for release of the seized bamboo product and the vehicle, but the said request has not been accepted.
On 15.12.2014, this Court has adjourned the case to enable the learned Government Pleader for Forests to get instructions.
Today, at the hearing, no instructions have been reported.
The petitioners have filed a copy of order dated 08.08.2011 in W.P.No.22315 of 2011 wherein this Court has relied upon a Division Bench judgment of this Court in W.A.No.634 of 1989 holding that the seizure and detention of finished bamboo products is not sustainable in law. This Court has opined that the detention of the lorries along with the finished bamboo products pending enquiry, if any, would cause serious hardship to the petitioner-society’s interest and accordingly, disposed of the writ petition with a direction to the respondents therein to immediately release the lorries to their lawful owners, subject to their filing an undertaking that the lorries will not be alienated or their physical condition will not be altered in any manner till completion of enquiry.
The owner of the lorry as well as the owner of the bamboo product, have filed this writ petition. Following the above- mentioned judicial precedents, this Writ Petition is allowed with the direction to respondent No.1 to release the seized bamboo product to petitioner No.1 and lorry to petitioner No.2, subject to petitioner No.2 giving an undertaking that he will not alienate the lorry or alter its nature, pending enquiry, if any, by respondent No.1.
As a sequel, WPMP.No.48192 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
C.V.Nagarjuna Reddy, J Date: 23.12.2014 va