IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 5531 of 2008 Between: G.Ram Mohan S/o.Venkateswarlu, R/o.Saraswathinagar Nandyal,Kurnool District. ..... PETITIONER AND 1. The Divisonal Forest officer(WL), Proddatur Kadapa District-cum-Authorised officer under Forest Act 2. The Forest Range officer, Muddanuru Range Kadapa District .....RESPONDENTS 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 order or direction more particularly a writ in the nature of writ of mandamus declaring the action of the respondents in seizing the vehicle of the petitioner bearing Registration No.AP05 5914 Tata Indica car in connection with offence in OR.No.17/2007-08 on the file of the 2nd respondent as illegal, without jurisdiction and without authority of law and declare that the vehicle is not liable for seizure as it was not involved in the commission of offence under Forest Act and Consequentially direct the first and second respondents to release the vehicle bearing No.AP 05Y 5914 Tata Indica Car in favour of the petitioner. Counsel for the Petitioner:MR.M.RAMALINGESWARA REDDY Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.5531 OF 2008 ORAL ORDER: This writ petition has been instituted seeking a writ of mandamus declaring the actionof the respondents in seizing the vehicle of the petitioner bearing registration No. AP – 05Y – 5914 in connection with offence in O.R.No.17/2—7-2008 on the file of the 2nd respondent as illegal. It is submitted that the vehicle in question is not actually involved in the forest offence, but some other truck is involved. However, the learned Assistant Government Pleader for Forests points out that it is a matter to be established after the regular enquiry is conducted into the affair as prima facie it is suspected that the present vehicle is also involved in the forest offence. At this stage it is, therefore, difficult to pronounce as to whether the vehicle in question is also involved in the said forest offence or not. However, there is power for the competent authority to entertain application for release of the vehicle and pass appropriate orders on merits duly imposing such conditions that are considered as reasonable. If the writ petitioner approaches the competent authority, being the Divisional Forest Officer, Proddotur, within a period of seven days from today seeking release of the vehicle bearing registration No. AP – 05Y – 5914, such an application be entertained and considered on merits and decide the same as expeditiously as possible within a further period of two weeks. With this, the writ petition stands disposed of at the stage of admission. -------------------------------- Nooty Ramamohana Rao, J Note: Issue copy in three days. (bo) 26th March 2008 mrk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK}