IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50913/2019(GM-FOR) MONISH. M.C.
S/O LATE CHANDRA KUMAR, AGED ABOUT 30 YEARS, PRESENTLY RESIDING AT NEHRU NAGAR, VIRAJPET TOWN, KODAGU DISTRICT.
PIN CODE-571236.
...PETITIONER (BY SRI R.K. MAHADEVA, ADVOCATE) AND:
1 . STATION HOUSE OFFICER GONIKOPPAL POLICE STATION GONIKOPPAL CIRCLE, VIRAJPET TALUK, KODAGU DISTRICT, PIN CODE-571 201.
2 . AUTHORIZED OFFICER AND DEPUTY CONSERVATOR OF FORESTS VIRJAPET DIVISION VIRAJPET, KODAGU DISTRICT PINCODE-571 201.
…RESPONDENTS (BY SRI VIJAYKUMAR A PATIL, ADDITIONAL GOVERNMENT ADVOCATE) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE PETITION AND DIRECT THE AUTHORIZED OFFICER AND DEPUTY CONSERVATOR OF FORESTS, VIRAJPET DIVISION, VIRAJPET/R-2 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER TO RELEASE THE SWARAJ MAZDA LORRY BEARING REG. No.KA-12-A3322 DATED 07.11.2019 VIDE ANNEXURE-C IN FAVOUR OF THE PETITIONER WITHIN 7 DAYS FROM THE DATE OF THE ORDER OF THIS HON’BLE COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner in the above writ petition has sought to direct the respondent No.2-Authorized Officer and Deputy Conservator of Forests, Virajpet Division, to consider the application filed by the petitioner to release the Multi Axle Truck bearing Registration No.KA-12/A- 3322 in dispute No.BUD/CR-71(A)/2019-20/2227 dated 07.11.2019, vide Annexure-C in favour of the petitioner.
2. It is the case of the petitioner that the respondents, on 16.06.2019, registered a case against the petitioner and others of the offence punishable under Section 379 of the Indian Penal Code, 1860, and Rules 165, 144 of the Karnataka Forest Rules, 1969 in Crime No.66/2019, on the file of the Civil Judge (Jr.Dn.) and JMFC, Ponnampet. The petitioner filed application dated 04.11.2019 under Section 71-A of the Karnataka Forest Act, 1963, for release of the vehicle, before the respondent No.2. The said application is still pending for consideration and no orders are passed. Therefore, the petitioner is before this Court for the release sought for.
3. I have heard the learned counsel for the parties to the lis.
4. Sri R.K.Mahadeva, learned counsel for the petitioner, reiterating the grounds urged in the memorandum of writ petition, contended that the petitioner is the owner of the multi axle truck bearing registration No.KA-12/A-3322, seized by the respondent No.1-police. The said vehicle is very essential to earn his livelihood. The seized vehicle has been parked in the premises of respondent No.2 and is exposed to sun, rain, wind and subjected to pilferage with which the vehicle will lose its road worthy condition. Therefore, he sought to allow the writ petition.
5. Per contra, Sri Vijaykumar A. Patil, learned Additional Government Advocate submits that the application filed by the petitioner before the respondent No.2 will be considered and appropriate Orders will be passed within a period of six weeks. The submission is placed on record.
6. In view of the above, without adverting to the merits and demerits of the contentions raised, it is suffice to direct the respondent No.2 to consider the petitioner’s application filed under Section 71-A of the Karnataka Forest Act, 1963, and pass appropriate orders within a period of four weeks from the date of receipt of certified copy of this Order.
kcm Sd/- JUDGE