\ 'f APHC010362262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY v TWO THOUSAND AND TWENTY FIVE v PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 18119 OF 2025 Between: 1. K. Madhu Babu, S/o. Purusotham, Aged about 39 years, Occ. Agriculture, R/o. D.No. 1-89/1, Jangalapalli^illage, Iruvaram (Post), Yadamari Mandal, Chittoor District. - 2. V. Sireesha, W/o. Ganesh, Aged about 27 years, Occ. Agriculture, R/o. D.No.1-4, Jangalapalli Village, Iruvaram (Post), Yadamari Mandal, Chittoor District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Forest Department, Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Forest Officer, Chittoor, Chittoor District. 3. The District Forest Range Officer, Chittoor East Range, Chittoor District. 4. The Forest Beat Officer, Chasses Hill Beat, Chittoor District. 5. T Kumar, S/o. T. Narasimhulu Naidu, Village, School Street, Diguvasapalli (post), ,Chittoor District. 6. E Leelakar Reddy, S/o. E. Raghunadha Reddy, R/o.Guvvakallu Village, Thalambedu (post), Chittoor Mandal and District. D.No.1-12, Eguvamasapalli Chittoor Rural Mandal ...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 an order, writ or direction more particularly in the nature of Writ of Mandamus Under Article 226 of the Constitution of India declaring the and 4'*^ respondents in seizing the Vehicles bearing No. AP 03 rd action of 3 AA 7317 and AP 26 BK 6609 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of Article 19, 21 of Constitution of India and consequently direct the respondents to release the vehicles from their custody. 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 3^^^ and 4*^ respondents to grant interim custody of vehicles bearing No. AP 0^AA 7317 and AP 26 BK 6609 pending disposal of the Writ Petition. Counsel for the Petitioners: SRI K. NAVEEN KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR FORESTS Counsel for the Respondent Nos.5 & 6:-- The Court made the following order: APHC010362262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty First day of July, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No: 18119 of 2025 Between: K Madhu Babu and another ...petitioners and The State of Andhra Pradesh and others ...respondents Counsel for the petitioners: I.K. Naveen Kumar Counsel for the respondents: 1 .G.P. for Forests The Court made the following: 2 W.P.No.18119 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the action of 3'^'^ and 4*^ respondents in seizing the Vehicles bearing No.AP 03 AA 7317 and AP 26 BK 6609 of the petitioners without following any procedure under statutes as illegal, arbitrary and violative of Article 19 and 21 of Constitution of India and consequently direct the respondents to release the vehicles from their custody. 02. The case of the petitioners is briefly as follows: The petitioner No.1 is the owner of the J.C.B. vehicle bearing No.AP 03 AA 7317 and the petitioner No.2 is the owner of J.C.B. bearing No.AP 26 BK 6609. Both the petitioners have relevant permissions from the transport authorities to drive the vehicles. The vehicles were hired on rent for levelling the lands of the unofficial respondents No.4 and 6 for agriculture purposes. While so, the respondent No.4 seized both the vehicles on 24.05.2025 stating that the vehicles have entered into forest land over an extent of 0.17 hectares and trying to occupy the land by clearing the jungle. For release of the vehicles, both the petitioners filed separate petitions before the respondent No.2, but the same were returned on 20.06.2025 stating that the case is under subjudice. Aggrieved by the return of the petition, this writ petition is filed. The learned counsel for the petitioner submitted that the respondent No.2 / D.F.O. returned the petition filed by the petitioners with an endorsement that the matter is subjudice, but in fact, there was no matter pending before any other authority as on the date of written endorsement. 03. 3 W.P.No.l8119of2025 Ms. B. Sravani, the learned Assistant Government Pleader for Forests submitted that petition may be represented by the petitioners before the respondent No.2 as the respondent No.2 is the competent authority to deal with the subject matter. Accordingly, the writ petition is disposed of directing the petitioners to resubmit the petitions to the respondent No.2 within (01) week from the date of receipt of this Order and thereafter, within one (01) week, the respondent No.2 shall dispose of the petitions according to law. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR \ 04. 05. one //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, Forest Department, State of Andhra Pradesh, Velagapudi, Amaravathi, Andhra Pradesh. 2. The District Forest Officer, Chittoor, Chittoor District. 3. The District Forest Range Officer, Chittoor East Range, Chittoor District. 4. The Forest Beat Officer, Chasses Hill Beat, Chittoor District. 5. One CC to Sri K. Naveen Kumar, Advocate [OPUC] 6. Two CCs to GP for Forests, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. ssb HIGH COURT DATED:21/07/2025 0 6 AUG 2025 ^ . Current Section ORDER WP No.18119 OF 2025 ml. 69 DISPOSING OF THE W.P. WITHOUT COSTS