IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.28824 OF 2010 DATED:22.11.2010 Between: M. Shankar … Petitioner And The Government of Andhra Pradesh Rep. by its Secretary, Forest Department Secretariat Buildings, Hyderabad and others … Respondents THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO.28824 OF 2010 ORDER: This Writ Petition is filed for a Mandamus to declare the action of the respondents in seizing the petitioner’s vehicle Tata Sumo bearing Registration No.TN 20M 9509, as illegal and arbitrary. The petitioner claims that he is the owner of the motor car Tata Sumo 2004 make and he is using it as taxi by obtaining taxi permit No.PC 444/2010 to ply the vehicle within the territory of Tamil Nadu, under Registration No.TN 20M 9509. It is stated that the petitioner has engaged drivers to run the vehicle and that the vehicle was misused by the driver of the vehicle by undertaking transportation of unauthorized wood. It is further stated that pursuant to an inspection, the third respondent detained the vehicle and registered Crime No.UDOR 22/10-11 of Rapur, in Nellore District. In this Writ Petition, it is the case of the petitioner that he is not aware of the offence and the offence is committed by the driver without the knowledge of the petitioner. After the vehicle is seized, the Authorized Officer -cum- Sub-Divisional Forest Officer is the authority for initiating the confiscation proceedings under Section 47 of the Andhra Pradesh Forest Act, 1967. The petitioner has not moved the said authority for release of the vehicle. In the absence of any such representation to the concerned authority, I do not find any merit in this writ petition to entertain the same for grant of direction for release of the vehicle. In view of the offence alleged against the petitioner and inasmuch as the petitioner has not moved the authority concerned for release of the vehicle, I deem it appropriate to permit the petitioner to file a representation before the Authorized Officer -cum- Sub-Divisional Forest Officer, Venkatagiri, for release of the vehicle. If any such representation is filed by the petitioner, the aforesaid authority shall consider the same and pass appropriate orders as expeditiously as possible, preferably within two weeks from the date of receipt of the representation. Subject to the above observations and directions, the Writ Petition is disposed of. No costs. _____________________ R. SUBHASH REDDY, J 22.11.2010 bnr Note:C.C. in two days. (B.O) bnr