THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.39483 of 2022
ORDER:
This Writ Petition has been filed seeking a Writ of Mandamus declaring the action of the respondents No.3 to 6 in detaining the Vehicle of the petitioner i.e. Tractor bearing Registration No.TS 19 D 5801 as illegal and arbitrary, and in contravention of Section 20(c) of Forest Act as well as the provisions of Wild Life (Protection) Act, 1972 and consequently to direct the respondents No.3 to 6 to release the petitioner's vehicle and pass such other order or orders.
2. Brief facts leading to the filing of the Writ Petition are that the petitioner is owner-cum-driver of the Tractor bearing Registration No.TS 19 D 5801. It is submitted that he has purchased a Tractor by applying a loan on private finance just before the lockdown. It is submitted that on 06.06.2022 one Mr.A.Beemiah has requested the petitioner to let out the tractor for ploughing his field and accordingly the petitioner along with one Mr.A.Beemiah went with tractor to plough his field and commenced the ploughing with a bonafide impression that the land belongs to him. The Forest Authorities 2 PMD,J W.P.No.39483 OF 2022 reported the matter that the Forest land is being ploughed and consequently under a panchnama, tractor has been seized by the Forest Range Officer and Forest Section Officer.
3. It is submitted that criminal case was registered as P.O.R.No.524 of 2021 on the file of Judicial First Class Magistrate at Chennur and the case is pending. It is further submitted that the petitioner thereafter filed Crl.Mp.No.112 of 2022 in P.O.R.No.524 of 2021 for interim custody of the vehicle but the same was dismissed vide order dated 05.08.2022. The petitioner is therefore seeking release of the vehicle. Learned counsel for the petitioner submitted that he is willing to furnish any security for interim release of the vehicle.
4. Learned Government Pleader for Forests on instructions submitted that the petitioner along with the tractor had ploughed the forest land in the midst of Mancherial, Pranahita Black Buck Sanctuary of Beat Rohilpally of Edulabandam Section of Kotapally Range. It is submitted that the petitioner has therefore violated the Forest Act and has encroached upon the forest land by ploughing the forest land. It is further submitted that the vehicle was produced before the Authorized Officer under Section 44(2) and the case is 3 PMD,J W.P.No.39483 OF 2022 under investigation and pending finalization in the Court of Authorized Officer.
5. Learned Government Pleader for Forests further submitted that confiscation proceedings have been initiated against the vehicle of the petitioner. He also placed reliance of the judgment in W.P.No.30740 of 2021 dated 15.09.2021 wherein this Court has gone into the same facts and has held that when the Forest Divisional Officer is conducting an enquiry under Section 44 of the Telangana Forest Act, 1967 and the confiscation proceedings have started, no Court including the High Court has any jurisdiction to release the vehicle till the confiscation proceedings are over under Section 44 of the Telangana Forest Act, 1967. It was further observed that the procedure under Code of Criminal Procedure (in short CrPC) is not applicable to offences committed under the Act, 1967 in so far as seeking interim custody of the seized vehicle. After observing this, the Court has given the petitioner therein a liberty to file an appropriate application seeking interim release of the vehicle before the respondents No.2 and 3 therein and the respondents were directed to release the subject vehicle in terms of Section 44 and 51 of the Act, 1967.
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6. Learned counsel for the petitioner submitted that similar order may be passed in this case also.
7. In view of the same, the petitioner is also given liberty to file an application seeking interim release of the vehicle bearing No. TS 19 D 5801 before the respondents No.4 and 5 and on receipt of such application the respondents No.4 and 5 shall release the subject vehicle in terms of Section 44 and 51 of the Act, 1967. The application shall be disposed of within a period of three (03) weeks from the date of receipt of a copy of this order.
8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 27.10.2022 Note: Furnish C.C. by 31.10.2022 PRN /TU 5 PMD,J W.P.No.39483 OF 2022 113 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.39483 of 2022 Date:27.10.2022 Note: Furnish C.C. 31.10.2022 PRN/TU