HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.27237 of 2014 Date:21.10.2014 Between:
Nali Girmaji, S/o Peddulu . Petitioner And:
Conservator of Forests, Warangal District and five others.
. Respondents Counsel for the Petitioner: Ms S.V.Indira Counsel for the Respondents: GP for Forests (Telangana State) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.4 and 5 in seizing the petitioner’s tractor bearing registration No.AP36 AM 8382 as illegal and arbitrary and for a consequential direction to respondent Nos.4 and 5 to forthwith release the said tractor.
I have heard learned counsel for the petitioner and learned Government Pleader for Forests (Telangana State) and also perused the counter-affidavit filed by respondent No.2.
The petitioner’s tractor of John dear dozer make was seized on the allegation that it was used for illegal clearance of forest growth in a reserve forest on 05.09.2014 and a preliminary offence report was also prepared following the said seizure. The petitioner made an application on 24.09.2014 to respondent No.2 for release of the seized tractor. However, no order has been passed on the said application.
As regards the relief relating to the seizure, in view of the serious allegation made against the petitioner that his tractor was being used for clearing the forest growth in the reserve forest area, the said relief cannot be granted at this stage. As the enquiry before respondent No.2 is stated to be pending, he is directed to complete the enquiry and pass an appropriate order expeditiously.
With regard to the relief claimed for release of the seized tractor, I do not find any justification for respondent No.2 in not disposing of the petitioner’s application for three weeks.
As the tractor is subject to deterioration both in its condition and value, respondent No.2 is directed to release the seized tractor to the petitioner, subject to his furnishing bank guarantee for a sum of Rs.2 lakhs besides depositing the original Registration Certificate before respondent No.2. On deposit of the Registration Certificate, respondent No.2 shall issue a certificate to the effect that the Registration Certificate has been deposited by the petitioner. On furnishing of bank guarantee and deposit of the Registration Certificate by the petitioner, respondent No.2 shall release the seized tractor to the petitioner which shall be subject to the result of the enquiry.
The Writ Petition is, accordingly, disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.34102 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
21st October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY