Telangana High Court
Boda Madhu vs The State Of Telangana on 3 April, 2025
1
THE HON'BLE SRI JUSTICE PULLA KARTHIK
W.P.No.10022 of 2025
ORDER:
With the consent of both the parties, this writ petition is taken
up for disposal at the stage of admission.
2. The writ petition is filed with the following prayer:
"To issue a writ, order or direction more particularly one in the nature of
Writ of Mandamus, declaring the action of the respondents particularly
respondent Nos.3 and 4 in high handedly taking away the vehicle of the
petitioner i.e., Tractor vide registration No AP 36 AK 7727 in connection with
the alleged offence in POR No.33/OR/202425/KRP dated 20.09.2024 and
holding in custody as illegal, arbitrary, null and void and in violation of
principles of natural justice and Articles 14, 21, and 300A of the
Constitution of India and consequently direct the respondent No.3 to release
the vehicle of the petitioner i.e., Tractor vide registration No AP 36 AK 7727
forthwith".
3. Heard the learned counsel for the petitioner and the learned
Government Pleader for Forests and perused the record.
4. According to the petitioner, he is the owner of subject Tractor
vide registration No.AP 36 AK 7727 and letting the same on hire
basis to customers and out of the amounts derived therefrom, he
was repaying the loan and also eking his livelihood. It is further
stated that the petitioner has employed one Gummadi Anasurya (A1)
to do ploughing and dozing work at R&B Road near Bajumalaigudem
village on 20.9.2024. While so, the Forest Beat Officer, Ramgapuram
Beat along with other officers approached the petitioner and seized
the subject vehicle under Sections 20(1)(c)(ii)(iii) of Telangana Forest
Act, 1967 and Section 3 of PDPP Act vide POR No.33/OR/2024-
25/KRP dated 20.9.2024 on the ground that the petitioner has
committed offence by illegally encroaching into forest land.
5. The learned counsel for the petitioner submits that the vehicle
of the petitioner was kept under the custody of respondents and no
further investigation is going on except filing formal charge sheet and
that the vehicle is lying idle and deteriorating and causing further
damage to the vehicle. The learned counsel further states that in
similar circumstances, a Division Bench of this Court vide judgment
dated 22.8.2023 in W.A.No.838 of 2023, passed orders directing the
respondents therein to release the vehicle on certain conditions.
6. In view of the same and following the judgment passed in
W.A.No.838 of 2023 dated 22.8.2023, this writ petition is also
disposed of in terms thereof, directing the respondents to release the
vehicle of the petitioner viz., Tractor vide registration No.AP 36 AK
7727, subject to the following terms and conditions:
1. The petitioner shall furnish a bond for a sum of Rs.50,000/-
(Rupees fifty thousand only) with two sureties for a likesum
each to the satisfaction of respondent No.2.
2. The petitioner, in addition, shall file an affidavit before the
said Officer stating that he shall not alienate, encumber or
transfer, in any manner, the Tractor vide registration No.AP
36 AK 7727.
3. The aforesaid affidavit shall be filed within a period of four
weeks from today.
4. The petitioner shall also furnish an undertaking he shall
produce the aforesaid Tractor as and when directed by the
respondent No.2.
Miscellaneous applications, if any, pending in this writ petition stand
closed.
________________________
PULLA KARTHIK, J
Date: 3.4.2025.
DA
