IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 10782 of 2009 Between: D.Balappa S/o.Gopanna R/o.Sirigiripet village Mandal Tandur Ranga Reddy District ..... PETITIONER AND 1 The State of Andhra Pradesh, rep.by the Divisional Forest officer, Hyderabad 2 The Forest Dy.Range officer, Dharoor Section Vikarabad Range, Viakarabad, Ranga Reddy .....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 pass an order or writ particularly writ of mandamus declaring the action of the respondents in not releasing the tractor Engine chassis No.NARW-14095 and trolley chasis No.SVTW 5 TTT 80/2008 in pursuance of the release orders of the JFCM at Vikarabad in the tractor Engine chassis No.NARW-14095 and trolley Chassis No.SVTW 5 TTT 80/2008 the tractor Engine chassis No.NARW-14095 and trolley chassis No.SVTW 5 TTT 80/2008 in POR.No.15-21/86/2009 dated 24.3.2009 pending the disposal of the case as arbitrary, illegal, and high handed on the part of the respondents by awarding damages for withholding vehicle in spite of court orders and pass Counsel for the Petitioner:MR.BAJRANG SINGH THAKUR Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.10782 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondent in not releasing the Tractor and Trolley, which were seized by the 2nd respondent alleging a forest offence, in spite of the release order by the Court of the Judicial Magistrate of First Class, Vikarabad, as arbitrary and illegal. The petitioner states that in an application made by him vide Crl.MP No.484 of 2009 in the Court of the Judicial First Class Magistrate, Vikarabad, an order was passed on 24.3.2009, directing to release the seized Tractor and Trolley on furnishing security and in compliance with the same the respondents are bound to release the seized vehicles. The learned Government Pleader for Forests, under instructions, stated that on a petition filed by the respondents, the order dated 24.3.2009 directing release was subsequently vacated on 8.4.2009. The said fact could not be disputed by the learned counsel for the petitioner. In the circumstances, the relief as prayed for in the writ petition cannot be granted. However, the petitioner is at liberty to make a fresh application before the respondents for release of the vehicle in question and if any such application is made, the respondents are directed to consider the same in accordance with law and pass appropriate orders, within a period of two weeks from the date of receipt of the application from the petitioner. With the above direction, the writ petition is disposed of. No costs. _______________ Justice G.Rohini Date:09.06.2009 Note:Issue CC in two days. B/O mrb