IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8055 of 2008 Between: Raagi Veera Chary S/o. Narsaiah R/o. H.No. 3-27, Chowtigudem, Aswapuram ( V & M ), Khammam District. ..... PETITIONER AND 1 Government of A.P., rep. by its Divisional Forest Officer ( Vigilance ) Forest Department, Aranya Bhawan, Hyd. 2 Divisional Forest Officer, Paloncha Khammam District. 3 The Forest Range Officer, Aswapuram, Khammam Dist. .....RESPONDENT(S) 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 an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in Seizing the wood of 10 Cmt., Carpentry Machinery along with Motor, Hand Saw Machine, Registers, Cash Books on 18-2-2008 without issuing any show cause notice and without following the procedure contemplated under section 44 of the A.P. Forest Act 1967 is illegal, arbitrary and unjust and consequently direct the respondents to release the seized wood of (10 Cmt ) and Machinery and pass Counsel for the Petitioner: MR.G.RAVI MOHAN Counsel for the Respondents : GP FOR FORESTS The Court made the following : O R D E R: This writ petition has been filed assailing the action of 1st respondent-Divisional Forest Officer (Vigilance), Forest Department, Hyderabad in effecting seizure of wood of 10 Cmt. And Carpentary machinery along with motor, hand saw machine, registers, cash books etc. on 18.2.2008 as illegal. The petitioner holds a licence for setting up of forest produced storage depot as per A.P. Forest Produce (Storage and Depot) Rules, 1989 for storage of 10 cmt. of Teak and non-teak sawn sizes in H.No.3-27 for manufacturing of furniture and other products. In the absence of petitioner, the 1st respondent-Divisional Forest Officer (Vigilance), Forest Department, Hyderabad inspected the petitioner’s mill on 18.2.2008 along with Sri.M.Ramulu, Forest Officer and he effected seizure of wood of 10 Cmt. And Carpentary machinery along with motor, handsaw machine, registers and cash books. Since the 1st respondent has not passed any orders as provided under Section 44 of A.P. Forest Act, the petitioner chose to approach this Court by invoking the jurisdiction under Article 226 of the Constitution of India. The respondents have filed counter. Sri.G.Santosh Kumar has sworn to the counter affidavit. It is stated in the counter affidavit that the petitioner violated rules made under A.P. Forest Act, 1967 by willfully storing illicit teak timber and sizes in the depot premises, established a saw mill illegally without any licence from competent authority. Heard learned counsel appearing for the petitioner and learned Government Pleader for Forests on behalf of respondents. Learned counsel appearing for the petitioner submits that the 1st respondent has not passed any orders though the material came to be seized from the premises of the petitioner on 18.2.2008. Whereas it is submitted by learned Government Pleader for Forests that the proceedings are under process and some time is required to complete the process in accordance with the provisions of Sec.44 (2-B) of A.P. Forests Act, 1967. Sec.44(2-B) of A.P. Forests Act, 1967 reads as under: “ Sec.44(2-B) : No order of confiscating any property shall be made under sub-section (2-A) unless the person from whom the property is seized is given: (a) a notice in writing informing him of the grounds on which it is proposed to confiscate such property; (b) an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds for confiscation; and ( c ) a reasonable opportunity of being heard in the matter.” Since a separate procedure is prescribed under the A.P. Forests Act, 1967 with regard to disposal of the seized property, the 1st respondent has to issue the notice as contemplated therein and pass appropriate orders. Accordingly, this writ petition is disposed of directing the 1st respondent to pass appropriate orders as provided under section 44(2-B) of A.P. Forests Act, 1967 within two months from the date of receipt of a copy of this order. No costs. 13th June, 2008. (B.Seshasayana Reddy,J) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.8055 OF 2008 POSTED IN WEB. 13TH JUNE 2008.