Telangana High Court
Baskar Goud Bandi vs The State Of Telangana, on 30 October, 2024
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.30367 of 2024
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Forest appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.
2. This writ petition is filed seeking the following prayer:
" to declare the action of the respondents No.2 to 5 in not releasing the vehicle i.e., Auto Rickshaw bearing Registration No.TS-20T-0067 Chasis No.MD2A26AZ3GWE24758, Engine No BAZWGE23425 made by Bajaj Auto Limited in favour of the petitioner seized in POR No.16/CKJ/OR/2023-24, vide Report No.3908/36, dated 09.09.2023 as illegal arbitrary and unjust and also in violation of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents No.2 to 5 to release the vehicle in favour of the petitioner."
3. Learned counsel for the petitioner submits that petitioner is the absolute owner of the Auto bearing No.TS-20T-0067 and he is eking out his livelihood by driving Auto. On 09.09.2023, respondent No.5 has seized the Auto and registered POR No.16/CKJ/OR/2023-24, vide Report No.3908/36, dated 09.09.2023. Learned counsel further submits that petitioner is no way concerned with the above registered crime and the accused persons hired his auto and put the teak wood in the Auto without petitioner's knowledge that the Teak wood was illegally cut from the forest. He further submits that the petitioner 2 CVBR,J WP_30367_2024 narrated the whole incident to the forest official and requested to release the Auto, however the Forest official did not heed to the said request and seized the vehicle.
4. Learned counsel for the petitioner further submits that in similar circumstances, the respondent therein confiscated the vehicle of the petitioner therein by the District Forest Officer therein and the Hon'ble Court in WP No.17776 of 2023, dated 19.07.2023, passed the following order:
"Hence, the Writ Petition is allowed. The District Forest Officer, Rajanna Sircilla and Karimnagar District, is directed to release the subject vehicle, i.e. the vehicle bearing Registration No. AP-25- AD-3856, on the petitioner executing a bond for Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties for like-sum each to the satisfaction of the said officer. Also, the identity particulars of the petitioner and his entitlement i.e., his ownership over the subject property should also be taken into consideration. The vehicle be released on production of the required solvency within a period of fifteen (15) days from the date of this order."
5. Learned counsel for the petitioner further submits that aggrieved by the said order, respondents authorities in WP No.17776 of 2023 have preferred WA No.838 of 2023, wherein the Hon'ble Division Bench, disposed of the said Writ Appeal, on 22.08.2023 with the following direction:
"10. In the peculiar facts of this case, we direct as follows:3
CVBR,J WP_30367_2024
1. The respondent shall furnish a bond for a sum of Rs.50,000/-
(Rupees fifty thousand only) with two sureties for a likesum each to the satisfaction of the District Forest Officer, Rajanna- Sircilla and Karimnagar District (appellant No.2).
2. The respondent, in addition, shall file an affidavit before the said Officer stating that he shall not alienate, encumber or transfer, in any manner, the tractor i.e., John Deer Tractor bearing registration No.AP-25-AD-3856.
3. The aforesaid affidavit shall be filed within a period of four weeks from today.
4. The respondent shall also furnish an undertaking that he shall produce the aforesaid tractor as and when directed by the District Forest Officer, Rajanna-Sircilla and Karimnagar District. 11 To the aforesaid extent, order dated 19.07.2023, passed by the learned Single Judge, in W.P.No.17776 of 2023, is modified.
12. Accordingly, the appeal is disposed of. No costs."
6. Though various grounds are raised in this writ petition, learned counsel for the petitioner restricts his prayer to release the Auto, as the petitioner is eking out his livelihood through rent of the said Auto and further submits that petitioner would also furnish a bond for a sum of Rs.50,000/- to the satisfaction of respondents and prays this Court to direct the respondent authorities to release the vehicle.
7. Learned Government Pleader for Forest submits that petitioner's Auto has entered into the Reserve Forest and the respondent authorities have rightly registered POR No.16/CKJ/OR/2023-24, vide Report No.3908/36, dated 09.09.2023 for violation under Section 4 CVBR,J WP_30367_2024 20(1)(c)(ii)(iii)&(iv) & Section 44 of Telangana Forest Act, 1967 and Section 2 & 3 of PDPP Act, 1934 and Section 379 of IPC against the accused persons, however on instructions reported no objection to the extent of releasing the petitioner's Auto, subject to the conditions imposed by this Court.
8. Recording the above submission made by learned counsel on either side, and for the reasons alike in WA No.838 of 2023, dated 22.08.2023, this writ petition is disposed of, directing the respondent authorities to release the petitioner's Auto i.e., bearing Registration No.TS-20T-0067, 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 likesum each to the satisfaction of the respondents.
2. The petitioner, in addition, shall file an affidavit before the said Officer stating that they shall not alienate, encumber or transfer, in any manner, the said auto.
3. The petitioner shall also furnish an undertaking that they shall produce the aforesaid auto as and when directed by the respondents.
4. The aforesaid affidavit shall be filed within a period of four weeks from the date of receipt of copy of this order.5
CVBR,J WP_30367_2024
9. It is made clear, that this order will not have any bearing on the pending POR No.16/CKJ/OR/2023-24, vide Report No.3908/36, dated 09.09.2023 and the respondent authorities are at liberty to pass appropriate order by following due procedure contemplated under law.
Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________________ JUSTICE C.V.BHASKAR REDDY 30.10.2024 Su/Sha