THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.21211 of 2010 Date: 27.08.2010 Between: A. Naga babu and 5 others … Petitioners AND The District Collector & Magistrate, Krishna District at Machilipatnam and 3 others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.21211 of 2010 ORDER: The grievance of the petitioners is with regard to the action of the Tahsildar and Mandal Executive Magistrate, Vatsavai Mandal, Krishna District, respondent-4, in seizing their heavy earth moving machinery. The Tahsildar, Vatsavai Mandal, by way of written instructions addressed to the Office of the Government Pleader for Revenue, stated that the subject machinery was seized for the alleged violation of the provisions of the Andhra Pradeh Water, Land and Trees Act, 2002 (the Act of 2002). He further stated that if the owners of the machinery come forward, necessary steps would be taken for releasing the machinery into their custody by invoking the provisions of Section 38 of the Act of 2002 and Rule 27 of the Andhra Pradesh Water, Land and Trees Rules, 2004 (the Rule of 2004). It may be noticed that under Section 38 of the Act of 2002, the authorities are entitled to effect seizure of any device, vehicle or other conveyance etc., used or involved in committing any offence contravening the provisions of the Act of 2002. The offender may get the offence compounded under Section 37 of the Act of 2002. Section 35 details the penalties that may be imposed for contravention of the provisions of the Act of 2002. It is in the light of this legal environment that the authorities would have to exercise their discretion for compounding the offences alleged against the petitioners for releasing the machinery into their custody. The petitioners are accordingly permitted to approach the authorities for taking necessary steps for release of the machinery in accordance with the aforestated provisions. The authorities shall take necessary action thereupon forthwith in accordance with the aforestated provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 and the Andhra Pradesh Water, Land and Trees Rules, 2004 and release the machinery into the custody of the petitioners after duly compounding the alleged offences. The writ petition is disposed of with the aforestated directions at the admission stage. In the circumstances, there shall be no order as to costs. __________________ SANJAY KUMAR, J Date: 27.08.2010 Note: Issue operative portion of the order by Wire at party’s costs. (B/o.) Isn