Telangana High Court

WP/28137/2007 of A.P. Prasad Rao S/o hanumantha Rao Vs The State of Andhra Pradesh, rep by its on 31 December 2007

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C.V.NAGARJUNA REDDY WRIT PETITION No. 28137 of 2007 31.12.2007 Between: A.P. Prasad Rao … Petitioner AND The State of Andhra Pradesh, Rep. by Divisional Forest Officer, Kadapa & others … Respondents Counsel for the petitioner : Sri T.V.S. Kumar Counsel for the respondents :

HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No. 28137 of 2007

31.12.2007

Between:

A.P. Prasad Rao

… Petitioner

AND

The State of Andhra Pradesh,Rep. by Divisional Forest Officer,Kadapa & others … Respondents Counsel for the petitioner : Sri T.V.S. Kumar Counsel for the respondents : Assistant Government Pleader for Forests

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O R D E R:

This writ petition is filed for a writ of mandamus to declareseizure of vehicle bearing Registration No. AP 21 W 607 belonging tothe petitioner, under report Nos. 3051 and 3052 dated 02.07.2007 asillegal, arbitrary and violative of the provisions of the Andhra PradeshForest Act, 1967 (for short, ‘the Act’). The petitioner has also soughtfor a direction to the respondents to release the said vehicle to him.

Heard Sri T.V.S. Kumar, learned counsel for the petitioner andlearned Assistant Government Pleader for Forests.

From the averments contained in the affidavit filed in support ofthe writ petition, it is clear that the vehicle, which is being claimed bythe petitioner as belonging to him, was seized by respondent No.3 on02.07.2007 in connection with a forest offence. The allegation contained in Form-A shows that 20 numbers of red sander logs wereseized from the vehicle and 10 more were found in the nearby bush.

Learned Assistant Government Pleader for Forests, oninstructions, states that the proceedings initiated under Section 44 ofthe Act are pending before the Divisional Forest Officer, Kadapa.

Though Sri T.V.S. Kumar, learned counsel for the petitionermade strenuous efforts to convince this Court that the petitioner isinnocent and that his vehicle is misused by others, I am not inclined togo into the said aspect at this stage because, the statutory proceedingsfollowing the seizure have already been initiated and pending beforethe Divisional Forest Officer, Kadapa. Another reason for mydisinclination to direct the respondents to consider release of thevehicle to the petitioner is that the vehicle was seized about six monthsback and it is not appropriate to direct release of the same at this stagewhen the confiscation proceedings are pending and more so theallegations on which the vehicle was seized appear to be serious innature.

In the above circumstances, the writ petition is disposed of withthe direction to the Divisional Forest Officer, Kadapa to dispose of theproceedings initiated under Section 44 of the Act within a period of sixmonths from the date of receipt of a copy of this order.

As a sequel to disposal of the writ petition, W.P.M.P. No. 36772of 2007 filed by the petitioner for interim relief is disposed of asinfructuous.

31.12.2007

C.V.NAGARJUNA REDDY, J

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