Telangana High Court
Guthikonda Nagabhushanam vs The State Of Telangana on 12 February, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.4011 of 2025
ORDER:
Heard Sri Bhoopathi Ranjith Kumar, learned counsel
appearing on behalf of petitioner and learned Assistant
Government Pleader for Forest, appearing on behalf of
respondent Nos.1 to 4.
2. The petitioner approached the Court seeking prayer
as under:
"...to issue any directions more particularly one in the
nature of WRIT OF MANDAMUS declaring the action of
respondents more particularly the respondent Nos.3 and 4
in seizing the petitioner's vehicle i.e. JCB bearing No. TS
04 FJ 5327 in connection with the alleged offence in POR
No 87 of 2024-2025 Of FRO KMM dated 26/12/2024 as
illegal and arbitrary, and violation of Articles 14, 19 (1) (g)
21 and 300-A of the Constitution of India and
CONSEQUENTLY direct the respondent Nos.3 and 4 to
release the said petitioner's JCB bearing No.JCB bearing
No. TS 04 FJ 5327 in connection with POR No.87 of 2024-
2025 Of FRO KMM dated 26/12/2024 and to pass...".
3. It is represented by the learned counsel appearing on
behalf of the petitioner that the subject issue in the present writ
petition is squarely covered by the order of this Court dated
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22.07.2024 passed in W.P.No.18061 of 2024 and hence, the
present writ petition could be disposed of in terms of the
aforesaid order.
4. The learned counsel appearing on behalf of the
petitioner relied on the covered order dated 22.07.2024
passed in W.P.No.18061 of 2024 in particular para No.9
and the same is extracted hereunder:
"9. Recording the above submission made by learned
counsel on either side, and the reasons alike in WA
No.838 of 2023, dated 22.08.2023, this writ petition is
disposed of, with the following direction, directing the
respondent authorities to release the petitioner's Tractor
i.e., bearing No.AP-25-G-2102, subject to following
conditions:
1. The petitioner shall furnish a bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) with two
sureties for a like sum each to the satisfaction of the
respondents.
2. The petitioner, in addition, shall file an affidavit
before the said Officer stating that she shall not
alienate, encumber or transfer, in any manner, the
said tractor.
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3. The petitioner shall also furnish an undertaking that
she shall produce the aforesaid tractor as and when
directed by the respondents.
4. The aforesaid affidavits shall be filed within a
period of four weeks from the date of receipt of copy
of this order.
5. The learned Assistant Government Pleader for Forests
disputes the same and submits that in pursuance to the
judgment of the Division Bench of Apex Court of India in
the case of State of Karnataka Versus K. Krishnan
reported in (2000) 7 Supreme Court Cases 80, petitioner
has to necessarily furnish a Bank Guarantee and a bond for a
sum of Rs.50,000/- would not suffice and in particular places
reliance on para Nos.7 and 8 of the said judgment. The
relevant portion of para Nos.7 and 8 of the said judgment
are extracted hereunder:
"7. The courts cannot shut their eyes and ignore their
obligations indicated in the Act enacted for the purposes of
protecting and safeguarding both the forests and their
produce. The forests are not only the natural wealth of the
country but also protector of human life by providing a clean
and unpolluted atmosphere. We are of the considered view
that when any vehicle is seized on the allegation that it was
used for committing a forest offence, the same shall not
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normally be returned to a party till the culmination of all the
proceedings in respect of such offence, including confiscatory
proceedings, if any.
8. The approach adopted both by the Authorised Officer
and the High Court completely ignores the importance of the
forests and the purpose of the object for which the Act was
made. As the appellant-State has not prayed for quashing
the order of the Authorised Officer we refrain to deal with
that even though we do not approve it. We are, however,
satisfied that the High Court had adopted a very casual
approach while disposing of the petition under Section
482 of the Code of Criminal Procedure. Besides that the
order impugned is contrary to law, we have our reservations
with respect to the powers of the High Court under Section
482 Cr.P.C. in the matter which we do not express in this
case".
6. Taking into consideration:
(a) The aforesaid facts and circumstances of the
case,
(b) The submissions of the learned counsel
appearing on behalf of the petitioner and the learned
Assistant Government Pleader,
(c) The observations in the Judgment of the
Division Bench of the Apex Court in the case of "State of
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Karnataka Versus K.Krishnan" reported in (2000) 7 SCC
page 80 (referred to and extracted above),
The writ petition is disposed of with the following
conditions:
i) The petitioner shall furnish a bank guarantee
for a sum of Rs.40,000/- (Rupees Forty thousand
only) with two sureties for a like sum each to the
satisfaction of the Forest Divisional Officer,
Khammam, Khammam District and the Forest Range
Officer, Khammam, Khammam District.
ii) 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 said vehicle i.e., JCB bearing No.
TS04FJ5327 (shown as TS04FJ5327 in POR No.
87 of 2024-2025).
iii) The aforesaid affidavit shall be filed within a
period of four (4) weeks from the date of receipt
of copy of this order.
iv) The petitioner shall also furnish an
undertaking that he shall produce the aforesaid
JCB bearing No. TS04FJ5327 as and when
directed by the Forest Divisional Officer,
Khammam, Khammam District and the Forest
Range Officer, Khammam, Khammam District.
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7. With these above observations, the Writ Petition is
disposed of. However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in
the Writ Petition shall also stand closed.
___________________________
MRS. JUSTICE SUREPALLI NANDA
Date: 12.02.2025
Skj
