IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16007 of 2008 Between: Narayanapurapu Srinivas S/o.Venkanna R/o.Paidmeta Village, Tallapudi Mandal, West Godavari District. ..... PETITIONER AND 1 The District Forest Officer, West Godavari District at Eluru. 2 The Divisional Forest Officer, Eluru Division, Eluru, West Godavari 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 may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in confiscation of the vehicle of the petitioner bearing No. AP05V 5230 under Forest Offence No. 04/08-09, vide notice in Lr.No.D.O.R.4/08-09 S6, dated 7.7.2008, without taking into consideration of the statement of the Driver as he has no knowledge whether the transportation of forest product are with or without licence, is null and void and against Section 44(2) (c) of A.P. Forest Act, 1967 and consequently direct the respondents to release the vehicle of the petitioner, forthwith, and pass such other order or orders. Counsel for the Petitioner: MR.B.SESIBUSHAN RAO Counsel for the Respondents: GP FOR FORESTS The Court made the following : ORDER: This writ petition has been filed by Narayanapurapu Srinivas assailing the notice vide Lr.No.D.O.R.4/08-09, dated 07.07.2008, issued by the Divisional Forest Officer, West Godavari District, Eluru-2nd respondent. 2. The petitioner is a registered owner of Auto Truck in the nature of goods carriage – LMV bearing Registration No.AP 05 V 5230. His vehicle came to be seized by the Divisional Forest Officer, West Godavari District, Eluru-2nd respondent on the ground of some illicit forest produce being transported therein. A case in Crime No.04/08-09 also came to be registered. The Divisional Forest Officer, West Godavari District, Eluru-2nd respondent caused notice to the petitioner directing him to be present for the enquiry with regard to confiscation of the vehicle for transporting forest produce without any permit. The said notice is under challenge in this writ petition. 3. When the writ petition came up for admission, with the consent of the counsel for the parties, the writ petition is taken up for final disposal. 4. Heard learned counsel appearing for the petitioner and learned Government Pleader for Forests appearing for the respondents 1 and 2. 5. Learned counsel appearing for the petitioner submits that the petitioner is eking out his livelihood by hiring the vehicle and he is in no way concerned with the transport of forest produce. 6. Learned Government Pleader for Forests appearing for the respondents submits that under the impugned notice, the petitioner has been directed to be present for the enquiry and in which case it is open for the petitioner to submit his explanation and participate in the enquiry. 7. Under the impugned notice issued, the petitioner has been directed to participate in the enquiry as to why the auto truck cannot be confiscated. The petitioner is at liberty to participate in the enquiry. 8. Accordingly, the writ petition is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:24th July, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}