Andhra Pradesh High Court - Amravati
Rachagorlla Ayyappa Swamy vs The State Of Ap on 16 June, 2025
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
(SPECIAL ORIGINAL JURISDICTION)
MONDAY, THE SIXTEENTH DAY OF JUNE,
TWO THOUSAND AND TWENTY FIVE
:PRESENT.-
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PR;
WRIT PETITION NO.-13286 OF 2025
Between :
1. Rachagorlla Ayyappa Swamy, S/o. Venkateswara Rao, Aged 34 years,
R/o.D.No.3-59, Gollagudem, opp: church, Kannapuram village,
Koyyalagudem Mandal, Eluru 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 vI-llage, Buttaigudem Mandal, EIuru
District (Ernst West GodavaH-'District).
...Petitioners
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Forest
Department, velagapudi, Guntur DI-Strict, Amaravathi.
2. The DivisionaI Forest Officer, Eluru, Eluru DI'StriCt (Ernst West Godavari
District).
3. The Sub-Divisional Forest OffI-Cer, Jangareddigudem, Eluru District
(Ernst West Godavari District).
4. The Forest Range Officer, Kannapuram, Koyyalagudem MandaI, Eluru
District, (Ernst West Godavdrl- DI-StrI'Ct).
5. The Deputy Forest Range Officer, Puliramannagudem, ButtaI-gudem
MandaI, Eluru District (Ernst West Godavari DI'StriCt).
6. The Forest Beat Officer, puliramannagudem village, ButtaI-gudem
MandaI, Eluru District (Ernst West Godavarl' DI'StriCt).
7. Uppala Rajesh, S/o. (late) Ramachandra Rao, Aged 33 years, resident
of D.No.2-33, Puliraman'nagudem Village, Buttaigudem MandaI, EIuru
District (Ernst West Godava+i DI-Strict).
...Respondents
Petition under Article 226 of the Constitution of India I-S filed Praying that
in`'the circumstances stated in the affidavit filed therewith, the High Court may
b^6rf,pleased to I'SSue a Writ, Order or direction more particularly one in the
nature of WRIT OF MANDAMUS declaring the action of the 2nd and 3rd
Respondents in not consider the reply gl-ven by the 2nd Petitioner, dated
26-02-2025 to release the property viz., transport vehicle Ashok Leyland
'Dosth' vide No. AP 39 TF 9692-land finished Teak Cost (6 x 6) which are
under custody of 4th Respondent;`r--as property belonging to petI'tiOnerS aS bad
I'llegaI, arbitrary opposed to law; without follow the clarification given the
Honorable High Court vl-de Ref. No.15789/Law/97, dated 07-05-1997 of High
Court clarification on applicability of transI't Rules,1970.
IANO: 1 OF2025
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit fI-led in support of the petition, the High
Court may be pleased to direct the 5th & 6th Respondents to release the lst
Petitioner]s Vehicle which is Ashok Leyland - Carryl-ng - LMV (Dosth), follow
the clarifl'cation given the Honorable High Court vI'de Ref. No.15789/Law/97,
dated 07-05-1997 of High Court clarification on applicability of transit Rules,
1970, pending disposal Qf WP 13286 of 2025, on the file of the High Court.
IANO: 2OF2025
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to direct the 5th & 6th Respondents to release the 2nd
Petitioner's Teak Cot (6 x 6) Finished Goods, follow the clarification given the
Honorable High Court vide Ref. No.15789/Law/97, dated 07-05-1997 of High
Court clarification on applicability df transit Rules,1970, pending disposal of
WP 13286 of 2025, on the file of'`the High Court.
The petition coming on for hearing, upon perusing the petition and the
affidavit filed I'n Support thereof 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
ORDER:
[[Heard Sri Gandham S.R. Prasad, learned Counsel for the Writ Petitioners and Ms. B. SravanI-, learned Assistant Government PIeader for Forests.
2. Ms. B. Sravani, learned Assistant Government PIeader for Forests has submitted the written Instructions furnished by the DI-Strict Forest Officer, EIuru District, dated 13.06.2025. Copy of it is supplied to the learned Counsel for the writ petitioners and the same is taken on record.
3. Learned Counsel for the WrI-I Petitioners has drawn the attention of this Court to the Form under Rule 13 of the Andhra Pradesh Forest Offence (Compounding and prosecution) Rules,1969, elated 20.12.2024, bearing DOR No.12/2024-2025 (Ex.P.1).
4. It is noticed by this court that the contents of the written Instructions furnished by th6;District Forest Officer, dated 13.06.2025, are not only contrary to thei*Forest offence Report bearing DOR No.12/2024-2025, but the contents of the said written Instructions have absolutely no connection whatsoever to the alleged offence. The Forest Offence Report indicates that certain persons were trying to illegally transport Teak Scantling Sizes No.14, whereas the Written Instructions relate to the seizure of a {teak cot].
5. It appears that the District Forest Officer has rendered instructions relating to the seizure of the {cot' without reference to the fTeak Scantling Sizes No.14J, aS+'inentioned in the Forest Offence Report.
Whereas, there is no such Fe;-fifrience to the fcotJ in the Forest Offence Report bearing DOR No.12/2024+2025.
6| ]t appears, On the face Of it, that the Distr-let Forest Officer has been abso[ute]y negligent in rendering written Instructions to the court.
7. The Chief ConservatOr Of Forests iS directed tO look into the matter and furnish fresh written Instructions before the next date Of hearing. He is also directed tO SREbmit Photographs Of the Seizures Which
-.--t are mentioned in serial No.8 of-:the DOR No.12/2024-2O25.
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8. Msl B. Sravani, Ieamed Assistant Government Pleader for Forests Learned Government PIeader iS directed tO communicate the gist of this order to the chief conservator of Forests for effective compliance.
9. The District Forest Officer, Eluru District (Respondent No.2) sha" personally appear before this court to answer the queries on the next date of hearing.
10. List the matter On 23.06.2025 in the £Motion list'."
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//TRUE COPY//
To]
1. The Principal Secretary, Forest Department, State of Andhra Pradesh, velagapudi, Guntur District, Amaravathi.(by SPECIAL MESSENGER)
2. The Divisional Forest Officer, Eluru, Eluru District (Ernst West Godavari District).(Direction to appear tO this On 23.06.2025 at lO:30 A.M.)(by SPEED POST)
3. The Sub-Divisiona' Forest ,Officer, Jangareddigudem, EIuru District (Ernst West Godavari District)^.
4. The Forest Range Officer, Kannapuram, Koyyalagudem Mandal, Eluru District, (Ernst West Godava-ri District).
5. The Deputy Forest Range Off-lcer, Puliramannagudem, Buttaigudem Mandal, Eluru District (Ernst West Godavari District). 6® The Forest Beat offic,er, pull-ramannagudem vI-Ilage, ButtaI'gudem MandaI, Eluru District (Ernst west Godavari DistrI-Ct).
7. uppala Rajesh, s/o. (late) Ramachandra Rao, Aged 33 years, resident of D.No.2-33, Puliramam?gudem village, Buttaigudem MandaI, EIuru District (Ernst West Godavarit Distrl'ct).(Addressee Nos. 3 to 7 by RPAD)
8. One CC to Sri Gandham s.R.Prasad, Advocate [opuc]
9. Two CCs to GP FOR FORESTS, High Court ofAndhra pradesh. [ouT]
10. One spare copy.
PSD ! I HIGH COURT GRKP,J DATED: 16/06/2025 NOTE: LIST THE MATTER ON 23.06.2025 IN THE fMOTION LIST'l ORDER WP.No.13286 of 2025 APPEARANCE I