IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 14886 of 2009 Between: Movva Venkateswara Rao S/o.Krishnaiah R/o.Narakoduru Village, Chebrolu Mandal, Guntur District. ..... PETITIONER AND 1 State of Andhra Pradesh, represented by its Principal Secretary to Forest Department, Secretariat, Saifabad, Hyderabad. 2 Forest Range Officer, Eturunagaram Range, Warangal District. .....RESPONDENTS 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents in not releasing the petitioner's SAMSUNG Model SE 210 LC-2 Hydraulic Excavator and Machine No.SL No. FBY 2971 [Proclain] as per order dt. 17.02.2009 in Criminal Revision Petition No. 47 of 2008 on the file of the Court of Sessions Judge, Warangal as illegal, irregular, arbitrary, violative of provisions of Andhra Pradesh Forest Act, 1967 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to release the petitioner's excavator. Counsel for the Petitioner: MR.NIMMAGADDA SATYANARAYANA Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : ORDER: Questioning the action of the respondents in not releasing the petitioner’s Samsung Model SE 210 LC-2 Hydraulic Excavator and Machine No.SL No.FBY 2971 (Proclaim) in spite of the orders dated 17.2.2009 passed in Criminal Revision Petition NO.47 of 2008 by the learned Sessions Judge, Warangal, the present writ petition is filed. The learned counsel for the petitioner submits that even though he prepared a bond and appeared before the 2nd respondent – Forest Range Officer, Eturunagaram Range, Warangal District requesting to accept the same and to release the vehicle, he has been postponing the release of the vehicle without assigning any reasons. In view of the above allegation, this Court on 6.8.2009 issued notice before admission and directed the respondents to file a counter affidavit. Pursuant to the same, the respondents have filed a detailed counter affidavit inter alia stating that the petitioner did not approach the competent authority with the order of the Sessions Court till today and that they are ready to release the vehicle as per the directions in Criminal Revision Case No.47 of 2008 dated 17.2.2009 after verification of the documents. In view of the above averment made in the counter affidavit, the petitioner is directed to approach the competent authority with all relevant material within ten days from today seeking release of his vehicle and on such production of the relevant documents, the respondents shall verify the same and release the vehicle in favour of the petitioner. With the above direction, the writ petition is disposed of . N.V.RAMANA,J NOTE: Furnish CC by tomorrow (B/o) msv