V APHC010242242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■ V N. s:<» / T'f r 'I r, } ;■ . «IM o \ MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE \ V\ -r>■ -A PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 13286 OF 2025 Between: 1. Rachagorlla Ayyappa Swamy, S/o. Venkateswara Rao, Aged 34 years, Gollagudem, Opp. Church, Kannapuram Village, Rlo,D. No.3-59, Koyyalagudem Mandal, Eluru District (Ernst West Godavari District). Aged 40 S/o. Krishna Murthy Dora, 2. Mulam Ramesh Babu years,R/o,D. No.2-15, Puliramudugudem Vilalge, Buttaigudem Mandal ) j j Eluru District (Ernst West Godavari District) ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Forest Department, Velagapudi, Guntur District, Amaravathi. 2. The Divisional Forest Officer, Eluru, Eluru District (Ernst West Godavari District). 3. The Sub Divisional Forest Officer, Jangareddigudem, Eluru District (Ernst West Godavari District), 4. The Forest Range Officer, Kannapuram, Koyyalagudem Mandal, Eluru District, (Ernst West Godavari District). 5. The Deputy Forest Range Officer, Puliramannagudem, Buttaigudem Mandal, Eluru District (Ernst West Godavari District) 6. The Forest Beat Officer Puliramannagudem Village, Buttaigudem Mandal, Eluru District (Ernst West Godavari District). 7. Uppala Rajesh, S/o. (late) Ramachandra Rao, Aged 33 years, resident of D. No.2-33, Puliramannagudem Village, Buttaigudem Mandal, Eluru District (Ernst West Godavari District). ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd Respondentsin not consider the reply given by the 2nd Petitioner, dated 26-02-2025 to release the property viz., transport vehicle Ashok Leyland 'Dosth' vide No. AP 39 TF 9692 and finished Teak Cost (6 x 6) which are under custody of 4th Respondent, as property belonging to petitioners as bad illegal, arbitrary opposed to law, 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 of transit Rules, 1970. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5*'^ and Respondents to release the 1®* Petitioner’s Vehicle Which is Ashok Leyland-Carrying -LMV (Dosth), follow the clarification given the Honorable High Court vide Ref. No.15789/Law/97, dated 07-05-1997 of High Court clarification on applicability of transit Rules, 1970 lA NO: 2 OF 2025 Petition under Section 151 CPC 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 (6x6) 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 of transit Rules, 1970. counsel for the Petitioners: SRI GANDHAM SR PRASAD counsel for the Respondent Nos. 1 to 6: GP FOR FORESTS Court made the following order: APHC010242242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the eleventh day of August two thousand and twenty five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 13286 of 2025 Between: Rachagorlla Ayyappa Swamy and others ...Petitioners AND The State of A.P. and others ...Respondents Counsel for the petitioners: Gandham S.R. Prasad Counsel for the respondents: 1.G.P. for Forests The Court made the following: ii 2 BSBJ W.P.No.l3286of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents No.2 and 3 in not considering the reply given by the petitioner No.2, dated 26-02-2025 to release the property viz., transport vehicle Ashok Leyland 'Dosth' vide No. AP 39 TF 9692 and finished teak cot (6 x 6) which are under custody of the respondent No.4, as property belonging to petitioners as bad illegal, arbitrary opposed to law, without following the clarification given by the Government of Andhra Pradesh, Forest Department vide Ref. No.15789/Law/97, dated 07-05-1997 on applicability of the A.P.Forest Produce Transit Rules, 1970. The case of the petitioners is briefly as follows: On 20.12.2024, while the second petitioner was taking a teak cot in a Ashok Leyland vehicle bearing No.AP 39 TF 9692 from the house of the petitioner No.2 in Puliramannagudem to Palakunta village for presentation to a relative as saare, near Kannapuram Range Office, the forest guard checked the vehicle and asked permit. The petitioner No.2 replied that it was an old cot which got newly polished. Even then, the forest guard kept the vehicle and the cot in the office, for want of permit, by conducting panchanama. Later, a notice was issued on 01.02.2025, to the petitioner No.2 by the respondent No.3 to attend before the authority on 27.02.2025 for enquiry and to pay compounding fee. The petitioner No.2 gave a reply dated 26.02.2025 denying the allegation and also stating that he had not admitted for paying compounding fee and also demanding any evidence that the petitioner No.2 was preparing the cot using the forest produce. In the same reply notice, the petitioner No.2 prayed to release the vehicle and also the cot. Even 2. BSB, J W.P.No.l3286of2025 then, as the cot or the vehicle was not released, the writ petition was filed. 3. The learned counsel for the petitioners submitted that the petitioner No.1 is the owner of the vehicle and the petitioner No.2 the owner of the cot and that was as per the clarification given by the Government of A.P., Forest Department vide Ref.No.15789/Law/97 dated 07.05.1997, no permit is required for transportation of face veneers from the factory to other place since the same is a finished product and not covered by the A.P.Forest Produce Transit 1970. Therefore, he vehemently contended that seizure of the vehicle as well as the cot is illegal. Further more, he submitted that inspite of reply notice given seeking release of the vehicle and cot, no action was taken so far. Rules, 4. Ms. B.Sravani, the learned Assistant Government Pleader for Forests, submitted that the compounding fee shall be paid by the petitioners for release of the vehicle and the cot. She further submitted that the cot and the vehicle have not been released so far. She further submitted that the first petitioner had submitted an application for release of the vehicle before thp D.F.O. concerned / respondent No.3. 5. On consideration of the submissions on both sides, the writ petition is disposed of directing the respondent No.3 to pass an appropriate order on the reply notice dated 26.02.2025, given by the petitioner No.2 insofar as release of the cot is concerned, within one week from the date of receipt of copy of this order, by considering the memo dated 07.05.1997, if applicable, to the case on hand, petitioner No.1 shall forthwith submit an application to the respondent No.3 for release of the vehicle and on submission of such application within one week therefrom, the respondent No.3 shall pass appropriate order as per law by considering the memo dated 07.05.1997, if The applicable, to the case on hand. 4 BSBJ W.P.No.l3286of2025 There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// OFFICER S To, 1. The Principal Secretary. Forest Department, State of AP, Velagapudi Guntur District, Amaravathi. 2. The Divisional Forest Officer, Eluru, Eluru District District). 3. The Sub Divisional Forest Officer (Ernst West Godavari District), 4. The Forest Range Officer, Kannapuram, Koyyalagudem District, (Ernst West Godavari District). 5. The Deputy Forest Range Officer. Puliramannagudem, Buttaigudem Mandal, Eluru District (Ernst West Godavari District) 6. The Forest Beat Officer, Puliramannagudem Mandal, Eluru District (Ernst West Godavari District). 7. One CC to Sri. Gandham SR Prasad Advocate [OPUC] 8. TwoCCsto GP for Forests High Court of Andhra Pradesh 9. Two CD Copies GSC (Ernst West Godavari Jangareddigudem, Eluru District Mandal, Eluru Village, Buttaigudem [OUT] HIGH COURT DATED:11/08/2025 \ ORDER WP NO. 13286 OF 2025 I 2 I AUG 2025 |i Current Seciion DISPOSING THE WP WITHOUT COSTS