Andhra Pradesh High Court
WP/24148/2015 of M. RANGANATHA REDDY, ANANTHAPUR DIST Vs PRL SECY (FOREST), HYD AND ANO on 29 December 2023
COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24148 OF 2015 Between: M. Ranganatha Reddy, S/o. M. Ranga Reddy, Aged about 46 years, R/o.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 24148 OF 2015
Between:
M. Ranganatha Reddy, S/o. M. Ranga Reddy, Aged about 46 years,R/o.D.No. 1/126-1, S.K. Palem, Tadipatri Town, Ananthapur[District.]
...PETITIONER
AND
1.The State of Andhra Pradesh, rep by its Principal Secretary, (Forest)Secretariat Buildings, Hyderabad.Secretariat Buildings, Hyderabad.
2.The District Forest Officer, Kadapa, Kadapa District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that inthe circumstances statedin the affidavit filed therewith, the High Court may bepleased to issue order or direction more particularly[one]in the nature of Writ ofMandamus declaring theactionof the2"^' respondentinnotreleasingthepetitioner'sEicher Vehicle bearingNo. AP 02 TA 4113,asarbitrary,illegal,without power or authority, and violative of Articles[14,][ 19][ and][ 21][ of][ Constitution]ofIndia, and consequentlydirect the respondentstoreleaseEicher Vehiclebearing No. AP 02 TA 4113 to the petitioner.
LA. NO: 1 OF 2015(WPMP. NO: 31320 OF 2015)
Petition under Section 151 CPCis filed praying that[in][ the][ circumstances]statedin the affidavit filedin support of the writ petition, the High Court may bepleased direct the respondents to release Eicher Vehicle[bearing][ No.][ AP][ 02][ TA]4113 to the petitioner by considering the representation[dt.13.07.2015][ pending]disposal of the above writ petition.
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Counsel for the Petitioner: SRI. M A K MUKHEED
Counsel for the Respondent Nos. 1 &2: GP FOR FORESTS[(AP)]
The Court made the following: ORDER
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.24148 of 2015
ORDER:
The present Writ Petition came to be filed under Article[226]
of the Constitution of India seeking the following[relief:-]
“...to issue order or direction more particularity[one]in thenature of Writ of Mandamus declaring the action of[the][ 2nd]respondent in not releasing the petitioner’s RicherVehiclebearing No.AP 02 TA 4113, as arbitrarg, illegal without[power]or authoritg andmolative of Articles14,19 and 21ofConstitution of India and consequently direct the respondentsto release Richer Vehicle bearing No.AP 02 TA 4113to thepetitioner....”
2. Today whenthematter came upforhearing,learnedGovernmentPleaderforForesthasproducedacopyofinstructionsof theForest RangeOfficer, Kadapa RangevideRc.No.W.P.No.24148/2015/Kdp Range, dated 15.12.2023,[where]GovernmentPleaderforForesthasproducedacopyofinstructionsof theForest RangeOfficer, Kadapa RangevideRc.No.W.P.No.24148/2015/Kdp Range, dated 15.12.2023,[where]
it is stated as follows:
“The AuthorizedOfficer cum Assistant Conservatorof[Forests,]Kadapa after conducting of enquiry, based on the enquiry[given]order for confiscation of 43 Red Sanders logs weighing 810 Kgs.together with the vehicle Eicher bearing No.AP-02-TA-4113forhaving used in the commission of the Forest offence[as per][ the]provisionsof thelawtotheGovernment.ThevehicleEicherbearing No.AP-02-TA-4113 was sold in auction in the[month][ of]February, 2018.
3. In view of the above instructions,since the vehicle[has]already been auctioned, this Court feels that the cause[in][ the][ writ]petition does not survive.
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4. Accordingly, the writ petition is dismissed as infructuous.
There shall be no order as to costs.
As a sequel, miscellaneous applications, pending, if any.
shall also stand closed.
SD/- V. SAVITHRI GOWRIASSISTANT REGISTRAR
//TRUE COPY//
SECTIONOFf/[FICER]
To,
1. The Principal Secretary, (Forest) State of Andhra[Pradesh,][ Secretariat]Buildings, Hyderabad.
2. The District Forest Officer, Kadapa, Kadapa District.
3. One CC to SRI. M A K MUKHEED Advocate [OPUC]
4. Two CCs to GP FOR FORESTS (AP), High Court Of Andhra[Pradesh.][ [OUT]]5.Three CD Copies csb ssb HIGH COURT
DATED:29/12/2023
Conclusion
ORDER
WP.No.24148 of 2015
8 copfe
D51-
DISMISSING THE WP AS INFRUCTUOUSWITHOUT COSTS
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