THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY W.P.No.27649 of 2011 Macharla Ravi … Petitioner Vs 1. The Authorised Officer and Sub-Divisional Forest Officer, Mulugu Division, Warangal District And two others … Respondents ORDER: The petitioner is the owner of tractor bearing No.AP 36AA 8307. The tractor came to be seized by the Forest Beat Officer, Jakaram, Mulugu, Warangal District on 15.04.2011 on registering preliminary offence report. According to the petitioner, he purchased the tractor for the purpose of cultivation of his lands and also to ply the same on hire; and his tractor was taken on hire for the purpose of ploughing the patta lands belonging to Vavilala Srinivas and Vavilala Venu Gopal. They have allegedly used the tractor for ploughing the forest land. The petitioner claims that he is unaware of the tractor being used for ploughing the forest land. The Forest Officer and Sub-Divisional Forest Officer, on receipt of preliminary offence report, initiated proceedings under Section 44 of the A.P.Forest Act for confiscation of the vehicle. Since enquiry consumes considerable time, he approached this Court invoking jurisdiction under Article 226 of the Constitution of India, for release of the tractor, pending enquiry before the Forest Officer and Sub-Divisional Forest Officer-1st respondent. When the Writ Petition came up for hearing, Government Pleader for Forests takes notice on behalf of the respondents. There seems to be no dispute with regard to the ownership of the vehicle. The proceedings before the 1st respondent, initiated under Section 44 of the A.P.Forest Act, are not yet concluded. If the vehicle is allowed to be in the custody of the 1st respondent, there is a likelihood of its utility being lost. The petitioner is stated to be an agriculturist and the tractor is primarily meant for agricultural purpose. In that view of the matter, I am inclined to direct the 1st respondent to release the tractor bearing No.AP 36AA 8307 for interim custody to the petitioner, pending conclusion of proceedings initiated under Section 44 of the A.P.Forest Act, subject to the following conditions: 1) The petitioner shall produce the R.C.Book before the 1st respondent 2) The petitioner shall place on record the affidavit to the effect that he shall not alienate or encumbrance or change the physical features of the tractor 3) The petitioner shall furnish a bank guarantee for Rs.2,00,000/- (Rupees two lakhs only) 4) The petitioner shall place on record an undertaking that he shall produce the vehicle as and when required by the respondents. Accordingly Writ Petition is disposed of. No costs. _____________________ B.SESHASAYANA REDDY, J Dt.7th October, 2011 Note: Issue copy by Monday B/o PNV