Made Mohan vs The State Of Telangana
2022 Latest Caselaw 5369 Tel

          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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                                                              W.P.No.39483 OF 2022

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

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