Andhra Pradesh High Court - Amravati
Rachagorlla Ayyappa Swamy vs The State Of Ap on 23 June, 2025
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lN THE HIGH COURT OF ANDHRA PRADESH AT I
(SPECIAL ORIGINAL JURISDICTION)
MONDAY, THE TWENTY THIRD DAY OF JUNE,
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD
WRIT PETITION NO: 13286 OF 2025
Between :
1. Rachagorlla Ayyappa Swamy, S/o. Venkateswara Rao, Aged 34 years,
R/o.D.No.3-59, GoIIagudem, Opp: Church, Kannapuram Village,
Koyyalagudem Mandal, EIur;u DistrI'Ct (Ernst West Godavari District).
2. Mulam Ramesh Babu, S/o. Krishna Murthy Dora, Aged 40 years,
R/o.D.No.2-15, Puliramudugudem Vl-llage, Buttaigudem Mandal, Eluru
District (Ernst West Godavari District).
.I.Petitioners
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Forest,
Department, Velagapudi, Guntur District, Amaravathi.
2. The DivisionaI Forest Officer, Eluru, Eluru District (Ernst West Godavarj
District).
3. The Sub-DivisionaI Forest 'Officer, JangareddI-gudem, Eluru District
(Ernst West Godavari District).
4. The Forest Range Offic'er, Kannapuram, Koyyalagudem Mandal, EIuru;
DistrI-Ct, (Ernst West Godavari DistrI-Ct).
5. The Deputy Forest Range Officer, Puliramannagudem, Buttaigudem;
MandaI, EIuru District (Ernst W6st Godavari District).
6. The Forest Beat Officer, Puliramannagudem Village, Buttaigudemi
MandaI, EIuru District (Ernst West Godavari District).
La -®
rfA .. 7. Ubpala Rajesh, S/o. (late) Ramachandra Rao, Aged 33 years, resident
of lD.No.2-33, PulI'ramannagudem Village, ButtaI-gudem MandaI, EIuru
District (Ernst West Godavari District).
/I
...Respondents
Petl'tl'on under Article 226 of the Constitution of India is fl-led praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue a Writ, Order or dl-rection more particularly one in the
nature of WRIT OF MANDAMUS declaring the action of the ,2nd and 3rd
Respondents in not conside-r the reply given by the 2nd Petitioner, dated
26-02-2025 to release the property viz., {ransporf vehicle Ashok Leyland
'Dosth' vide No. AP 39 TF 9692-'an'd fl'nished Teak Cost (6 x 6) which aref
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under custody of 4th Respon'd6nt,a as property belonging to petI'tiOnerS aS bad
illegal, arbitrary Opposed iO I`aw; without follow the clarification given the
Honorable High Court vide Ref. No.15789/Law/97, dated 07-05-1997 of High
Court clarification on applicability 6f transit Rules,1970. t'
lANO: 1 OF 2025
Petition under section-+ `151 CPC is filed praying that in thea
Circumstances stated in th'e 'a'ffldavit fI-led in Support Of the Petition, the Hl'gh I:
Court may be pleased to direct the`5th & 6th Respondents to release the lS€
petitioner's vehicle whI'Ch iS Ashok Leyland - Carrying - LMV (Dosth), follow;
the clarification given the riohor:able High Court vide Ref. No.15789/Law/97,;I
dated 07-05-1997 of High C6urt' clarification on applicability of transit Rules,i
1970, pending dl'sposal of wp 13286 of 2025, on the fI'Ie of the High Court.
l\ANO: 2OF 2025
Petition under secti`on 1'51 I CPC is filed praying that in the
Circumstances stated in th; affidavit filed in support of the petition, the High ,
court may be pleased to-`di'r66t th6 5th & 6th Respondents to release the 2nd
petitioner's Teak Cot (6-x 6) Fi'nished Goods, follow the clarification given thel /
Honorable High Court vide Ref. N~o.15789/Law/97, dated 07-05-1997 of High
court clarifl'cation on applicability of transit Rules, 1970, pending disposal of;
Wp 13286 of 2025, on the file of the' High Court.
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The petition coming on for hearing, upon perusing the petition and the
'affI|daVit filed in support thereof and the earlI-er Order Of the High Court dated.
16.06.2025, made hereI-n and upon hearing the arguments of srI-Gandham
s.R.Prasad, Advocate for the petitioners and of GP FOR FORESTS for ., ,/
Respondent Nos. 1 to 6, the Court made the following
I-
•ORDER:
Heard Sri Gandham' s.R. Prasad, learned counsel for the writ
petitioners and sri T.S| Rayudu, learned Government pleader for
Forests.
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i- 2. In compliance iv`ith the order dated 16.06.2025, Sri Shubam,
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District Forest offl-cer, EILiruG; Its Present before this Court.
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3. SrI- I.S. RayaI`u,I I`ear'ned Assistant Government pleader for
Respondent No.6, submits. that the District Forest Officer is from
'Jharkhand and the contents of`Form-A are in Telugu, which he could not
read. Therefore, he mentioned.,only the scantlings and did not mentI-On t
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that the ccot] was also reco-vered. ``
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4. Learned Assistant Government pleader submits that wrI-I
petitioner No.2 was illegally transporting forest wood in the shape of a
fleak cot' along wl-1:h f14 sCiritlihgs' jn number. l.i-I..
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5. Learned Assistant Govemment pleader further submits that the
fcot', that is visible I-n the ph6tographs, in fact have '14 scantlingsJ.
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i ` 6. Having consideredrthe submissl-on, this court is satisfied with
I,he explanations submitted by sri shubham, District Forest OffI'Cer,I
Eluru. His appearance is dispensed with.
(
i 7. Let Counter-AffI'daVit b6,filed wI-thin two (02) weeks.
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8. List the matter on 09.07.2025.
I
Sd/-K. J. RAJA BABU
ASSISTANT RErgZ)BAR
//TRUE COPY// SECTION OF-FICER
To,
1. The Principal Secretary, Forest Department, State of Andhra Pradesh,
Velagapudi, Guntur District, Amaravathi.(by SPECIAL MESSENGER)
The Divisional Forest Officer, Eluru, EIuru District (Erns{ West Godavari
District).
3. The Sub-Divisional Forest. Officer, Jangareddigudem, EIuru District
(Ernst West Godavari District).
4. The Forest Range Office+r,` Kannapuram, Koyyalagudem Mandal, EIuru
District, (Ernst West Godav=ari Di`strict).
5. The Deputy Forest Rahge7 ,Officer, Puliramannagudem, Buttaigudem
Mandal, Eluru District (Ernst West Godavari District).
6. The Forest Beat Officer,''` -Puliramannagudem Village, Buttaigudem
MandaI, Eluru District (Ernst West Godavari District).
7. Uppala Rajesh, S/o.I i(l'ata') Ramachandra Rao, Aged 33 years, resident
...,/
of D,No.2-33, Puliramannagudem Village, Buttaigudem MandaI, EIuru
District (Ernst West Godavari District) (Addressee Nosl 2 to 7 by
RPAD) `
8. One CC to Sri Gandham-7S.R.Prasad, Advocate [OPUC]
.,
9. Two cos to GP FOR FORESTS,-High Court ofAndhra Pradesh. [OUT]
10. One spare copy
PSR
t'
HIGH COURT
GRKP,J
DATED:23.06.2025
NOTE: LIST THE MATTER ON 09.07.2025.
ORDER
WP.No.13286 of 2025
DIRECTION