Telangana High Court
WA/2019/2004 of Rajendra Kumar Agarwal, Vs Government of Andhra Pradesh, on 22 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE M.NARAYANA REDDY WRIT APPEAL NO : 2019 of 2004 (Writ Appeal under Clause 15 of the Letters Patent
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
WEDNESDAY, THE TWENTY SECOND DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY
and THE HON'BLE MR JUSTICE M.NARAYANA REDDY
WRIT APPEAL NO : 2019 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated17/11/2004 in WP No : 20999 OF 2004 on the file of the High Court.)
Between:
Rajendra Kumar Agarwal, S/o Dhanna Lal Agarwal,R/o Rebbana Village and Mandal, Adilabad District.
..... APPELLANT
AND
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1. Government of Andhra Pradesh, Forest Department, through its Sub Divisional Forest Officer and Authorised Officer, Luxettipet, Adilabad District.
2. The Forest Range Officer, Luxettipet, Adilabad District...RESPONDENTS
Counsel for the Appellant: MR.K.RAGHUVEER REDDY
Counsel for the Respondent Nos.1 and 2: GP FOR FORESTSThe Court, at the stage of admission, made the following:
JUDGMENT: (Per Hon’ble Sri Justice B.Sudershan Reddy)
The learned single Judge relying upon the decisions of the Apex Court inSTATE OF KARNATAKA Vs. K.KRISHNAN and SECTION FORESTOR Vs.MANSUR ALI KHAN, rightly refused to release the vehicle in question, seizedin connection with the proceedings initiated under Section 44 (2) of the A.P.Forest Act, 1967 (for short “the Act”). As has been rightly observed by thelearned single Judge, no exceptional case, as such, is made by the appellantherein for release of the said vehicle. It is not the question of power orjurisdiction of this Court to release the vehicle, but the question is of exerciseof jurisdiction. Since no exceptional case, as such, is made out by the appellantherein for release of the vehicle, we are not inclined to take a different viewother than the one taken by the learned single Judge.
Writ appeal fails and shall accordingly stand dismissed with the same directionto the respondents to complete the proceedings under Section 44 (22-A) of theAct initiated against the appellant within a period of three months from the dateof the appellant submitting explanation to the show cause notice issued. It isneedless to observe that the respondents shall not be influenced by theobservations, if any, made in this order.
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B. SUDERSHAN REDDY, J.
GS/KS
__________________________
M. NARAYANA REDDY, J.
To
1. The Sub Divisional Forest Officer and Authorised Officer, Forest Department, Luxettipet, Adilabad District.Officer, Forest Department, Luxettipet, Adilabad District.
2. The Forest Range Officer, Luxettipet, Adilabad District.
3. Two CCs to the G.P. for Forests, High Court of A.P., Hyderabad (O.U.T.)Hyderabad (O.U.T.)
4. 2 CD copies