HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.27911 of 2014 Date : 13-10-2014 Between :
G. Venkat Reddy ..
Petitioner And The State of Telangana, Represented by its Secretary, Forest Department, Hyderabad and others ..
Respondents Counsel for petitioner : Sri Thumu Chandrasekhar Counsel for respondents : Government Pleader for Forests (TG) The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of respondent No.3 in not releasing TATA Hitachi Excavator Ex-200 of 2005 model for interim custody to the petitioner as illegal and arbitrary.
A perusal of the record shows that the Divisional Forest Officer, who is the competent authority to release the seized vehicle has not been impleaded. The learned Counsel for the petitioner has also not disputed that his client has not filed an application before the concerned Divisional Forest Officer for release of the seized vehicle. For both these reasons, the Writ Petition is dismissed with liberty to the petitioner to approach the Divisional Forest Officer with an application in writing seeking release of the seized vehicle. The petitioner is entitled to avail further remedies depending upon the result of the application filed by him before the Divisional Forest Officer.
Subject to the liberty given to the petitioner as above, the Writ Petition is dismissed.
As a sequel to the dismissal of the Writ Petition, WPMP No.34958 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 13-10-2014 AM