Andhra Pradesh High Court - Amravati
Betwee N vs The Divisionai Forest Officer on 15 March, 2023
IN THE H[GH COURT OF ANDHRA PRADESH AT AMARAVAt).: ;
(SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY ,THE FIFTEENTH DAY OF MARCH
ll^/O THOUSAND AND ll^/ENTY THREE
:PRESENT:
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD`+
WRIT PETITION NO: 22434 OF 2014
Betwee n :
Yarraguntla Balachandrudu, S/o. Ankanna, aged 40 years, Occ: Business, R/o.
H.No.28-491, Balijapeta, Main Road, Kurnool Kurnool District.
Petitioner
AND .
1. The DivisionaI Forest officer,` Flying Squad Party, Kurnool, Kurnool District., -
2. The Government ofAndhra Pradesh, Rep. by its Principal Secretary, Forest
Department, Secretariat, Hyderabad.
(RI C.T is amended as per C.O.dt.ll.12.2014 in WPMP No.32170 of 2014)
Respondents
I, I
Petition under Article 226 c)i the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased
to issue a writ, order or direction more particularly one in the nature of writ of
Mandamus to declare the action of the lSt respondent in confiscating the lnnova
Toyota vehicle be'aring No. AP 21 AQ 4979 belong to the petitioner vide impugned
proceedings in Rc.OR.No. 108/2013-14/ESP, dated 09.12.2013 even though the
said vehicle is not involved in transportation of forest produce or commission of any
act in terms of section 44 (1) of A.P.Forest Act and it is not liable to be confiscated
u/s 44 (2-A) of the Forest Act and consequential judgment and decree in CMA No.
1/2014 dated 28.07.2014 on the file of the Ill Additional District Judge, Kurnool at
Nandyal as arbitrary, illegal and consequently direct the lst respondent to release
the lnnova Toyota Vehicle bearing No. AP 21 AQ 4979 to the petitioner by setting
aside the orders in Rc.OR.No.1O8/2013-14/ESP, dated 09.12.2013 passed by the
lst respondent and consequential judgment and decree in CMA No. 1/2014 dated
28.07.2014 on the file of the Ill Additional District Judge, Kurnool at Nandyal to the
extent of lnnova Toyota Vehicle bearing No. AP 21 AQ 4979 is concerned in the
interest of justice.
lA NO: 2 OF 2014 (WPMP NO. 28137 of 2014)
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the Writ petition, the High Court may be pleased to
direct the respondent No.1 to release the lnnova Toyota vehicle bearing No. AP 21
AQ 4979 to the petitioner forthwith by suspending the orders in Rc.OR.No.
108/2013-14/ESP, dated 09.12.2013 passed by the lSt respondent and
consequential judgment and decree in CMA No.1/2014 dated 28.07.2014 on the file
of the Ill Additional District Judge, Kurnool at Nandyal , Pending disposal of WP
22434 of 2014, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the Orders of the High Court dated 07.08.2014 ,
ll.12.2014 & 15.02.2023 made herein and upon hearing the arguments of Sri P
Nagendra Reddy Advocate for the Petitioner, GP for Forests for the Respondents ,
the Court made the following
ORDER
"The Registrar (Jud-lcial), High Court of Andhra Pradesh, Amaravati has
furnished information that in compliance with the Order of this Court dated
15.02.2023, the information was served on the Superintendent of Police,
Nandyal District on 23.02.2023.
2. The Superintendent of Police, Nandyal District is directed to comply with
the Order dated 15.02.2023 within one week from today and submit the
Report by way of e-mail to the Registrar (Judicial). The Registrar
(Judicial) shall print the Report and submit to the Court in a sealed
Cover-
3. The Registrar (Judicial) I-S requested tO COmmuniCate tOday'S Order to
the Superintendent of Police, Nandyal District.
4. List the matter on 31.03|2023. "
SD/-G.SRINIVAS REDDY
ASSISTANT GISTRAR
//TRUE COPY//
For ASSISTANT EGISTRAR
To,
1. The Registrar(Judicial), High C`ourt of Andhra Pradesh
2. The Superintendent of Police, NandyaI District(BY SPEED POST)
3. The Divisional Forest officer, Flying Squad Party, Kurnool, Kurnool District., -
4. The Principal Secretary, Forest Department, Government ofAndhra Pradesh ,
Secretariat, Amaravathi. ( 3 & 4 by RPAD)
5. One CC to Sri P Nagendra Reddy Advocate [OPUC]
6. One CC to The Advocate General , High Court ofAP[OUT]
7. Two CCs to GP for Forests ,High Court ofAndhra Pradesh. [OUT]
8. One spare copy
RVK
+
•\o
•1 £±;
HIGH COURT
GRKP,J
DATED:15/03/2023
LIST THE MATTER ON 31.03.2023.
ORDER
WP.No.22434 of 2O14
DIRECTION
