\ 4 % APHC010453162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 23052 OF 2025 Between: Chalapati Bhagyalakshmi, W/o. Siva Rama Krishna, Aged 59 years, Occ. Cultivation, R/o. Thutigunta Village, Polavaram Mandal, Eluru District (formerly West Godavari District). ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Forest Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Chief Conservator of Forests & Head of Forest Force, Aranya Bhavan, P.V.S. Land Mark, Near APIIC Towers, Mangalagiri, Guntur District 3. The Divisional Forest Officer, Eluru Division at Eluru, Eluru District (formerly West Godavari District). 4. The Sub Divisional Forest Officer, Jangareddygudem Range, Eluru District. 5. The Forest Range Officer, Polavaram Range, Polavaram Mandal, Eluru District (formerly 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 respondents 2 to 5 in not considering petitioners representation Dt. 05.08.2025 submitted to release the unauthorized seizure of petitioners cattle stock and Hero Glamour Bike by 5 respondent Dt.04.08.2025, without issuing any notice and without any authority of law as illegal, irregular, irrational, without authority or sanction of law and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to release her said cattle stock and Hero Glamour Bike th 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 respondents 2 to 5 to release petitioner’s unauthorized seized cattle stock and Hero Glamour Bike from the custody of 5'^^ respondent as was seized on 04.08.2025, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner: M/s. NIMMAGADDA REVATHI Counsel for the Respondents No.1 to 5: GP FOR FORESTS The Court made the following order: APHC010453162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Fourth day of September, Two Thousand and Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No. 23052 of 2025 [3311] Thursday, the Between: Chalapati Bhagyalakshmi and The State of Andhra Pradesh and others Counsel for the petitioner; Nimmagadda Revathi Counsel for the respondents: Government Pleader for Forests ...Petitioner ...Respondents This Court made the following Order; The writ petition is fiied under Article 226 of Constitution of India to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of respondents No.2 to 5 in not considering 05.08.2025 submitted to release the cattle stock and Hero Glamour Bike by petitioner’s representation dated unauthorized seizure of petitioner’s 04.08.2025 without issuing any notice and without any 5^*" respondent dated authority of law as illegal, irregular, irrational without authority or sanction of 300-A of Constitution of India and law and offends Articles 14, 21 and consequently direct the respondents to Bike and to pass such other order or orders which this Court release her said cattle stock and Hero Glamour 2 BSB,J W.P.No.23052 of 2025 deems fit in the interest of justice. The case of the petitioner is briefly as follows: The petitioner is a resident of Thutigunta village, Polavaram mandal. She and her brother are the absolute owners and possessors of Ziraitilanka land measuring approximately Ac.37.00 in Paidipaka, Kondrukota and Vadapalli villages of Polavaram mandal. The ownership is under cloud of litigation in writ petitions Nos.5759 of 2021 and 35674 of 2022 pending before this Court regarding non-payment of compensation for the land acquired. The petitioner has 60 cattle. On 04.08.2025, one of the workers of the petitioner by name Praveen took the cattle from the said land to graze and was taking them on the road connecting Udathapalli village passing through the hills. While so, the respondent No.5 retained 5 buffalos and one bull and seized a Hero Glamour motor bike bearing No.AP 37 BT 7301. They were seized without any notice or intimation to the petitioner. As such, the seizure is illegal and unauthorized. The respondent No.5 is illegally demanding Rs.25,000/- per each buffalo to release them. Hence, this petition is filed. As per the decision of the Supreme Court in Kailashchand Vs. State of U.P.\ the seized property, including animals, must be produced before a Magistrate and the interim custody should be given to the rightfur owner. The same view is reiterated by the Supreme Court in the case of State of U.P Vs. Mustakeem (sic Mistakkem) and others^,. On 05.08.2025, the petitioner submitted a representation to the respondents No.2 to 5 to release the vehicle and the cattle. But, there has been no response. Hence, this writ petition was filed. 02. 03. Sri P.Nagaraju, learned counsel representing the counsel for the petitioner, submitted his arguments. ' (1982) 1 see 374 (no such decision is found) - (2002) 3 see 481 (sic 2002 See Online Se 1290) 3 BSB,J W.P.No.23052 of 2025 % learned Assistant Government Pleader for Forests, instructions of the District Forest Officer (FAC), Eiuru Ms.B.Sravani, 04. placed on record written division, Eiuru, vide Rc.No.2844 / 2025 / S5, dated 03.09.2025, wherein it was ^ while denying the allegations of illegal seizure and mentioned as follows demand of money; On 04-08-2025 at about 02:30 A.M. on receipt of information wildlife staff of Polavaram Range proceeded to from unknown person Base Camp location at Udathapalli Village and identified (05) persons bringing (06) cattle ((05) Female and (01) male). When the staff questioned the persons escorting the cattle about movement of the national park which is restricted as per Wildlife (Protection) Act named Uppala Praveen who is on bike informed to the cattle in 1972. A person staff that they are bringing the cattle as per the instructions of the Chalapati Siva Rama Krishna who informed them as owner of the cattle and to bring them to nearby village. Immediately after seeing the Forest staff, Chalapati Siva Rama Krishna escaped from staff. Uppala Praveen is moving in bike i.e., Hero Glamour bearing number AP 37 BT 7301. Forest Staff informed to 1.Uppala Praveen, S/o Veera Subsequently Swamy, R/o Paidipaka. 2.Sunnam Itikalakota, 3.llavari Raju, S/o Paddaiah, R/o Bodigudem. 4.Gundu Poonem Bodidora, Buchibabu, S/o Chinnaraju, R/o Satyam, S/o Neelaioah, R/o Paidipaka. 5. S/o Buchaiah, R/o Nahappakota that movement of cattle (live stock) was restricted in national park and seized cattle along with motor cycle the office of the Polavaram Range. The case was and brought to registered vide POR No.45, Book No. 15 issued by Deputy Range Officer, WLM Range, Polavaram, Dt. 04.08.2025. All seizures were kept Beat Officer, PR Gudem for safe custody. at the custody of Forest Subsequently, after due enquiry it was learnt that Chalapati Siva Rama BSB,J W.P.No.23052 of 2025 Krishna is engaged (05) persons and bringing his (01) cattle by thefting others' (05) cattle. After knowing the seizures made in this case, (05) persons I.Bona Srinivas, S/o Satyanarayana, R/o Sagipadu, 2.Khandavalli Suryarao, S/o Veerabhadram, R/o Sagipadu, Apparao, R/o Sagipadu, 4. Guntumukkala Posi Rao, S/o Apparao, R/o Sagipadu, 5. Kovvasi Bapanamma, D/o Veeraswamy, R/o Paidakulamamidi approached the Forest Wild life Office, Polavaram and claimed the ownership of (05) cattle and stated that (01) is belongs to chalapati Siva Rama Krishna. Statements and Panchanama were recorded. Petitioner S.Gungumukkala Venkanna, S/o submitted a representation dated 05.08.2025 reached in Forest Office on 11.08.2025 at 14:45 Mrs. As per her letter her claim regarding ownership of cattle and vehicle is not correct. And her allegation that seizures are illegal is not correct. Seizures were made as per provisions of the Wildlife (Protection) Act in view of location of the seizures falls in Papikonda National Park vide G.O.Ms.No.144, EFS & T (For-ll) Dt.04.11.2008 and published in A.P. State Gazette Dt. 26.11.2008. Seizures were made under section 27, 33(A2), 35(6&7) of Wild Life (Protection) Act 1972. As per Wildlife (Protection) Act, section 50 (3-A), seizures can be released on executing a bond for production of same as and when required. Here, in this case the ownership of the seized cattle is under dispute, hence, not given to anyone. In view of the compounding procedure laid under section 50 of Wildlife protection Act, the case is under purview of the Assistant Conservator of Forests (Sub- DFO) for investigation. Regarding demanding Rs.25,000/- by Forest Range Officer, Polavaram, the contention is not correct, when the is compoundable under Section 51(1) when the accused found guilty of an offence against this act, and shall, on conviction, be punishable with case 5 BSB,J W.P.No.23052 of 2025 imprisonment for a term which may extend to three years, or with fine which may extend to rupees twenty thousand or with both. Hence, the allegation made by the petitioner is not correct and proper.” Government Pleader for Forests further 05. The learned Assistant section 50 (3A) of the Wild Life Protection Act, 1972, the submitted that as per Assistant Conservator of Forests (Sub-D.F.O.) is competent to release the seized for custody and therefore, this writ petition does not lie. She submitted that the petitioner has not produced anything to show that the owner of the vehicle or the cattle and moreover, the preliminary stolen and therefore, the real owners cattle further she is enquiry revealed that the cattle were ascertained by the concerned authorities and appropriate action will would be be taken. Sections 50 {3A) and 50(4) of the Wild Life Protection Act, 1972 reads 06. as follows; Section 50 (3A); Any officer of a rank not inferior to that of an Assistant Director of Assistant Conservator of Forests, who, or Wild Life Preservation or an whose subordinate, has seized any captive animal or wild animal under for custody on the clause (c) of sub-section (1) may give the same execution by any person of a bond for the production of such animal if required, before the Magistrate having jurisdiction to try and when so the offence on account of which the seizure has been made. Section 50 (4); Any person detained, or things seized under the foregoing shall forthwith be taken before a Magistrate to be dealt with power, \ 6 BSB,J W.P.No.23052 of 2025 according to law under intimation to the Chief Wild Life Warden or the officer authorized by him in this regard.” In view of the above and the claimants have already approached the authorities, this writ petition is disposed of directing the petitioner to approach ■ the concerned authority under Sections 50 (3A) and 50 (4) of the Wild Life Protection Act, 1972 and the concerned authority shall pass appropriate order without any further delay, that is one week from the date of filing of the petition, as the property involved is live stock. 07. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- P. VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Government, State of Andhra Pradesh, 1. The Principal Secretary to Forest Department, Secretariat, Veiagapudi, Amaravati, Guntur District. Chief Conservator of Forests and Head of Forest Force, 2. The Principal Aranya Bhavan, P.V.S. Guntur District 3. The Divisional Forest Officer, Eluru Land Mark, Near APIIC Towers, Mangalagiri, Division at Eluru, Eluru District (formerly West Godavari District) 4. The Sub Divisional Forest Officer, Jangareddygudem Range, Eluru District. 5. The Forest Range Officer, Polavaram Range, Polavaram Mandal, Eluru District (formerly West Godavari District). 6. One CC to SRI NIMMAGADDA REVATHI Advocate [OPUC] GP FOR FORESTS High Court of Andhra Pradesh [OUT] 7. Two CCs to 8. Two CD Copies gsg HIGH COURT DATED: 04/09/2025 ORDER WP NO. 23052 OF 2025 DISPOSING THE WP WITHOUT COSTS