IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30960 OF 2024 Between: Vetcham Srinu, S/o Venu Murthy, aged about 29 years, Occupation Agriculturist, R/o K.D Peta, Golukonda Mandal, Anakapalli District, Andhra Pradesh. ...Petitioner AND The State of Andhra Pradesh, represented by its Principal Secretary^ Forest Department, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. The Forest Range Officer, Pedavalasa Range, Pedavalasa, Near Chintapalli, Alluri Seetharamaraju District, Andhra Pradesh. The District Forest Officer, at Chinthapalli, Alluri Seetha Rama Raju District. 1. 2. 3. R3 is impleaded as per Court's Order dt. 22/01/2025 in lA.No. 1/2025. ...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 2^'^ respondent in seizing the vehicle of the petitioner i.e.. Bolero Pickup Vehicle bearing No. AP 35 W 2095 in DOR No.01 of 2023, dated 01-10-2023 on the file of the 2nd respondent office without following the procedure contemplated under law as illegal, arbitrary and also violation of Article 14, 19(1)(g) and 300-A of Constitution of India and consequently direct the 2"^^ respondents to release f ■■ f % the vehicle of the petitioner i.e.. Bolero Pick-up vehicle bearing No. AP 35 W 2095 for their custody forthwith. lA NO: 1 OF 2024 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 2"'^ respondents to release the vehicle of the petitioner i.e Bolero Pick-up vehicle bearing No. AP 35 W 2095 for their custody forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI V SAI KUMAR Counsel for the Respondents: GP FOR FORESTS The Court made the following order: THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 30960 of 2024 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India for the following, relief/s: “ pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2"'^ respondent in seizing the vehicle of the petitioner i.e., Bolero Pickup Vehicle bearing No.AP 35 W 2095 in DOR No.01 of 2023, dated 01.10.2023 on the file of respondent office without following the procedure contemplated under law as illegal, arbitrary and also violation of Article 14, 19(1)(g) and 300-A of Constitution of India and consequently direct the 2"'^ respondents to release the vehicle of the petitioner i.e.. Bolero Pick-up vehicle bearing No. AP 35 W 2095 for their custody forthwith and to pass such other order or orders nd the 2 Learned counsel for the petitioner would submit that a similar issue came for consideration before the erstwhile High Court of 2. Andhra Pradesh in W.P. No.3582 of 2018 and the said Writ Petition was disposed of on dated 09.03.2018 directing the Writ Petitioner therein to approach the District Forest Officer who got jurisdiction to pass property disposal orders by conducting enquiry including for any interim custody. Therefore, the petitioner herein would request this Court to pass similar order. 2 3. Learned Assistant Government Pleader opposed for the disposal of the Writ Petition and has vehemently argued that the order in W.P. No.3582 of 2018, is not applicable to the present facts of the as the petitioner therein has approached the Officer and he has not considered the application therefore, the petitioner therein has the composite High Court has directed to approach Officer, for the relief prayed in the Writ Petition. case. District Forest of the petitioner approached the High Court and the District Forest 4. As seen from the order in W.P. No.3582 of 2018, the High Court has directed the Writ Petitioner therein to Officer who got jurisdiction to conducting enquiry including for any interim custody approach the District Forest pass property disposal orders by 5. There is no merit in the argument of the learned Assistant Government Pleader. However, the Writ Petition is disposed of directing the petitioner herein to approach the District Forest Officer pass property disposal orders, to conduct enquiry including for any interim custody. The District Forest Officer is who got jurisdiction to also directed to issue show for explanation and cause notice to the petitioner herein calling on receiving such explanation, conduct an enquiry and pass appropriate orders within a period of six (6) weeks from the date of receipt of the order. There shall be no order as to costs. 3 As a sequel thereto, interlocutory applications pending, if any, in this Writ Petition, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Forest Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. The Forest Range Officer, Pedavalasa Range, Pedavalasa, Near Chintapalli, Alluri Seetharamaraju District, Andhra Pradesh. 3. The District Forest Officer, at Chinthapalli, Alluri Seetha Rama Raju District. 4. One CC to Sri V Sai Kumar, Advocate [OPUC] 5. Two CCs to GP for Forests, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED;04/02/2025 ORDER WP.No.30960 of 2024 5 0 7 FEB 2025 ? ^ Current Section ^!^£spatcv^^'' disposing of the wp WITHOUT COSTS