Mekala Mallesh vs The State Of Telangana
2023 Latest Caselaw 1104 Tel

     THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                AND

           THE HON'BLE SRI JUSTICE N. TUKARAMJI


                 WRIT APPEAL No.293 of 2023


JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      Heard Mr. D.V.Srinivasa Rao, learned counsel for the

appellants     and     Mr.     Malugari     Sudharshan,       learned

Government Pleader for Forest Department representing the

respondents.

2. This intra-court appeal has been preferred by the

appellants against the interim order dated 24.02.2023 passed

by the learned Single Judge in I.A.No.1 of 2023 in

W.P.No.2046 of 2023.

3. Appellants as the petitioners have preferred the

related writ petition assailing the action of the respondents in

seizing the tractor bearing registration No.TS 19TA 3894

belonging to appellant No.3.

                                      2                        HCJ & NTRJ
                                                        W.A.No.293 of 2023

4. I.A.No.1 of 2023 was also filed seeking interim

direction to respondent No.7 for release of the said tractor

during pendency of the writ petition.

5. Learned Single Judge vide the order dated

24.02.2023 passed the following order in I.A.No.1 of 2023:

"Respondent Nos.6 to 8 are directed to release the tractor of petitioner No.3 bearing No.TS19TA 3894, subject to furnishing Fixed Deposit Receipt from a Nationalized Bank to the extent of value of the vehicle assessed by the Motor Vehicle Inspector and on further condition that the petitioner No.3 not to create third party rights or interests in subject vehicle."

6. After hearing learned counsel for the parties and

without expressing any opinion on merit, we are of the view

that the direction to release the tractor subject to furnishing

fixed deposit receipt from a nationalized bank to the extent of

the value of the tractor as assessed by the Motor Vehicle

Inspector appears to be on the higher side.

7. We therefore modify the aforesaid direction by

directing respondent Nos.6 to 8 to release the tractor of

appellant No.3 bearing registration No.TS 19TA 3894 subject 3 HCJ & NTRJ W.A.No.293 of 2023

to furnishing fixed deposit receipt from a nationalized bank to

the extent of Rs.1 lakh within a period of 15 days from today.

Further appellant No.3 shall furnish an undertaking before

respondent Nos.6 to 8 not to create third party rights or

interest in the aforesaid tractor.

8. Writ Appeal is accordingly disposed of. However,

there shall be no order as to costs.

9. As a sequel, miscellaneous applications pending, if

any, in this Writ Appeal, shall stand closed.

_______________________ UJJAL BHUYAN, CJ

_______________________ N.TUKARAMJI, J Date: 09.03.2023 KL