Degavath Manjula vs The State Of Telangana
2022 Latest Caselaw 2742 Tel

            THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                       WRIT PETITION No.25067 of 2022
ORDER:

Heard the learned counsel for the petitioner and the learned

Government Pleader for Forests. With their consent, the Writ Petition

is disposed of at the stage of admission itself.

2) Aggrieved by the action of the respondents in seizing the

petitioner's JCB vehicle vide No. TS 05 FG 9361 in POR No.35/01 (2021)

dated 14.05.2022, the petitioner has filed the present writ petition.

3) Learned counsel for the petitioner has stated that the subject

vehicle belonging to the petitioner was seized by the respondents

illegally and arbitrarily.

4) Learned Government Pleader for Forests has stated that in view

of the judgment of the Hon'ble Supreme Court in State of M.P. and

others v. Madhukar Rao1, the power to release the subject vehicle lies

with the Magistrate concerned.

5) Having regard to the above made submissions and having

regard to the aforestated judgment of the Hon'ble Supreme Court,

without going into the merits or demerits of the case, the writ petition

is disposed of directing the petitioner to file an appropriate application

2008 (2) ALD 63 (SC)

before the Judicial Magistrate of First Class/Junior Civil Judge,

Nidmanoor, for release of the subject vehicle, within a period of one

week from the date of receipt of a copy of this order. On such

application being filed, the Judicial Magistrate of First Class/Junior

Civil Judge, Nidmanoor, shall pass necessary orders strictly in

accordance with law, within a period of ten days thereafter.

The Miscellaneous Petitions pending, if any, shall stand closed.

There shall be no order as to costs.

_______________________ A.ABHISHEK REDDY, J Date: 14.06.2022 Note: Issue CC by 15.06.2022 va