IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 13447 of 2008 Between: Shaik Sjaz S/o. Shaik Mahmood R/o. H.No. 5-1-88/D/1, Vallabnagar, Mahabubnagar. ..... PETITIONER AND Divisional Forest Officer, Mahabubnagar, Mahabubnagar Distirct. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ direction, or order more in the nature of Writ of Mandamus declaring the action of the respondent in seizing and detaining the lorry of the petitioner bearing No.AP 16 T 2456 as illegal, without Authority of Law, violative of Principles of Natural justice and Article 19(g) of the Constitution of India and violative of the Forest Produce Transit Rules 1970 and A.P. Forest Produce Transit Rules, 1970 and set aside the same and further direct the respondent to release the vehicle bearing No.AP 16 T 2456 of the petitioner. Counsel for the Petitioner: MR.N.CHANDRADHAR RAO Counsel for the Respondent: GP FOR FORESTS The Court made the following ORDER: This writ petition has been filed by Sri Shaik Azaz with a prayer to issue a writ, direction or more in the nature of writ of mandamus declaring the action of the respondent, Divisional Forest Officer, in seizing and detaining his lorry bearing No. AP 16 T 2456, as illegal, without authority of law and violative of principles of natural justice. The petitioner is the owner of lorry bearing No.AP 16 T 2456. The officials of the Divisional Forest Officer detected unloading of firewood from the lorry bearing No.AP 16 T 2456 at M/s.Global Saw Mill, Mahaboobnagar. The driver of the lorry has not produced any documents to the officials of the Divisional Forest Office, Mahaboobnagar. Consequently, the vehicle along with firewood came to be seized and it is kept in the custody of Divisional Forest Officer, Mahaboobnagar. The petitioner calls in question the seizure of the vehicle in the writ petition. It is the case of the petitioner that the firewood has been transported by the lorry after obtaining necessary permission from the Tahsildar, Mahaboobnagar. Carbon copy of the permission granted by the Tahsildar, Mahaboobnagar has been placed on record. As per the permission granted by the Tahsildar, Sri Lingampally Narasimhulu and Sri Lingampally Balaiah are permitted to cut the trees in their patta land in survey No.415 of Kotakadiri Village, Mahaboobnagar. Notice before admission has been ordered on 02.07.2008. Learned Government Pleader for Forests received notice and filed counter affidavit. Sri D.Nagabhushanam has sworn to the counter affidavit. It is stated in the counter-affidavit that the petitioner has not furnished any documents before the Investigating Officer-Forest Range Officer, Mahaboobnagar. On the other hand, it is stated in the counter-affidavit that the driver of the lorry ran away as soon as the lorry came to be surprised by the forest officials. Para ‘3’ of the counter-affidavit is to be noted and it reads as under: It is submitted that the claim of the petitioner that they had valid permission is not correct. The driver of the lorry has not produced any documents and ran way. This happened on 08.06.2008 and not on 04.06.2008 as stated by the petitioner. It is not known whether permission was obtained for felling of trees as no documents have been produced so far before the investigating officer i.e. Forest Range Officer, Mahaboobnagar or authorized officer i.e. Divisional Forest Officer, Mahaboobnagar. Since the time of seizure i.e. 08.06.2008 no person has approached claiming ownership of seizures. As such a letter was addressed to the R.D.O. Mahaboobnagar and S.I. of Police I Town, Mahaboobnagar vide Forest Range Officer, Mahaboobnagar letter Ref.No.64/C/2008-09 dated 14.06.2008 and 64/C/2008-09 dated 19.06.2008 respectively to furnish the particulars of ownership of lorry No. AP 16 T 2456. The details are yet to be received.” Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Forests appearing for the respondent. The leaned counsel appearing for the petitioner submits that the firewood has been transported by the lorry owned by the petitioner after obtaining necessary permission from the Tahsildar, Mahaboobnagar. The learned counsel refers to some copies of the documents filed along with the material papers. The counter- affidavit of the respondent reveals that as soon as the forest officials surprised the lorry, the driver took to heels. Such is the situation, I deem it appropriate to direct the petitioner to file an application before the Divisional Forest Officer, Mahaboobnagar-respondent, enclosing all the necessary documents seeking for release of the lorry and thereupon, the respondent shall consider the same and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. There shall be no order as to costs. ________________________ B.SESHASAYANA REDDY,J Note: Issue cc by Monday (B/o) kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}