IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 2671 of 2009 Between: Khokan Saha S/o. Late Krishna Kumar Saha R/o. Chaandpara Bazar, Chaandpara Post Gaighata Police Station Limits, 24 Paraganas State of West Bengal. ..... PETITIONER AND 1 The Forest Section Officer , Forest Department, Tuni, East Godavari District. 2 The Forest Range Officer, Kakinada Range, Kakinada. 3 The Forest Beat Officer, Forest Department, Rajupet Beat, East Godavari District. 4 The Chief Wild Life Warden Forest Department, Hyderabad. .....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 an appropriate writ order or direction more particularly one in the nature of writ of Mandamus directing the respondents to release the vehicle (407 Van) bearing NO. WB 25 A 6713 as Respondents denying to release petitioners vehicle is being illegal, arbitrary and violative of Articles 14, 21 of the Constitution of India. Counsel for the Petitioner:MR.RAMANA ALLU Counsel for the Respondents: GP FOR FORESTS The Court made the following : ORDER: The vehicle of the petitioner, bearing No.WB 25 A 6713, was seized by the second respondent on 16.12.2008. In the First Information Report registered under the provisions of the A.P. Forest Act and the Rules made thereunder, it was mentioned that the vehicle was found transporting tortoises. The petitioner seeks release of the vehicle. Heard learned counsel for the petitioner and learned Government Pleader for Forests. Though the FIR isn ot clear and specific about the provisions under which it was registered and the authority before whom the proceedings are pending, the Divisional Forest Officer, East Godavari is the authorized Officer in the proceedings under the Act. The petitioner can approach the Divisional Forest Officer with an application for release of the vehicle. Inasmuch as no forest produce was seized and the allegation against the petitoner was that the vehicle was used in transporting wild life spices, the Divisional Forest Officer shall take the same into account and pass appropriate orders, within a period of one week from the date of submission of the application. With the above observation, the writ petition is disposed of. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.20.02.2009. Note: Furnish C.C. in three days. (B/o) GJ