Karnataka High Court
Naveed Ahmeed vs Range Forest Officer And Surveyor on 1 August, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:30868
WP No. 3112 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 3112 OF 2024 (GM-FOR)
BETWEEN:
NAVEED AHMEED,
S/O ABDUL MAJID,
AGED ABOUT 44 YEARS,
R/AT NO.1859, MUS PHIRA KHANA,
HUSNSUR,
MYSORE DISTRICT - 571 105.
...PETITIONER
(BY SRI. LETHIF B., ADVOCATE)
AND:
1. RANGE FOREST OFFICER AND SURVEYOR,
PIRIYAPATTANA DIVISION,
MYSORE DISTRICT - 571 105.
2. AUTHORIZED OFFICER AND
DEPUTY CONSERVATORS OF FOREST,
HUNSUR DIVISION, HUNSUR,
Digitally signed by MYSORE DISTRICT - 571 105.
R HEMALATHA ...RESPONDENTS
Location: HIGH (BY SRI.RAHUL CARIAPPA, AGA)
COURT OF THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
KARNATAKA
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED
05.08.2023 ISSUED BY THE R2 IN 71(A) FOC NO.11/2022-2023
WHICH IS PRODUCED AT ANNEXURE - A TO THE WRIT PETITION
AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
-2-
NC: 2024:KHC:30868
WP No. 3112 of 2024
ORAL ORDER
The lorry belonging to the petitioner was seized in FOC No.
11/2022-23 for offences punishable under Sections 32(2), 62, and
71(A) of the Karnataka Forest Act, and under Rules 25, 144, and
165 of the Karnataka Forest Rules, and Sections 379 and 447 read
with Section 34 of the IPC, alleging unauthorized transportation of
pieces of Acacia tree in the said lorry by entering into the forest
land.
2. The petitioner, claiming to be the owner of the lorry,
filed an application for the release of the vehicle under Section 457
of the Cr.P.C. before Respondent No. 2. The said application was
rejected by Respondent No. 2. Hence, this petition.
3. Heard the learned counsel for the petitioner and the
learned AGA for the respondent-State.
4. The subject matter of this petition is substantially
covered by the order in W.P. No. 15974/2021, disposed of on
07.09.2021, with the following observations at para-2 and
thereafter:
"The subject matter of this Writ Petition is
substantially covered by the judgment in W.P. No.
15974/2021 (GM-FOR), disposed of by this court on
07.09.2021 (vide Annexure-C) with the following
observations at para 2 and thereafter:
"In the above circumstances, this writ petition is
disposed of directing Respondent No. 2 to consider the
petitioner's subject application without insisting on the
furnishing of a bank guarantee. However, requiring surety
is not dispensed with. All contentions are kept open."
NC: 2024:KHC:30868
2. The Division Bench of this Court in A.V.
Vinoda supra has held that the Court should treat like
cases alike and if relief is granted to a litigant, similar
relief cannot be denied to other similarly circumstanced
litigants as well, there being no derogatory
circumstances.
In the above circumstances, this Writ Petition
succeeds; a direction is issued to the second
respondent to consider the petitioner's application
without insisting on the furnishing of a bank guarantee,
however requiring appropriate suret. All other
contentions are kept open."
5. In light of the order issued above, Respondent No. 2 is
hereby directed to release the lorry, Ashok Leyland, bearing
registration No. KA 12 B 6662, subject to the petitioner furnishing
an indemnity bond for a sum of Rs. 2,00,000/- with one surety for
the like sum, without insisting on a bank guarantee, and subject to
the petitioner producing proof of ownership of the vehicle.
6. Upon satisfaction of the said conditions, Respondent
No. 2 shall release the subject vehicle forthwith.
7. Petition is accordingly disposed of.
Sd/-
(HEMANT CHANDANGOUDAR)
JUDGE
RKA
