IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27083 of 2008 Between: Shaik Babulal S/o.Abdul Raheem Sab R/o. Taj Nagar, MBT Road, Punganur, Chittoor District. ..... PETITIONER AND 1 The Forest Range Officer, Punganur, Chittoor District. 2 The Sub-Divisional Forest Range Officer, Madanapalle, Chittoor District. 3 The District Forest Officer, Chittoor, Chittoor District. 4 The Station House Officer, Punganur, Chittoor District. .....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 to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the respondents in seizing the Good carriage LMV vehicle bearing Registration No. AP 03 X 1612, dated 4.10.2008 as illegal, arbitrary and unconstitutional and violation of Article 14, 21 of Constitution of India and consequently direct the respondents to release the Goods Carriage LMV vehicle bearing Registration No. AP 03 X 1612 in favour of the petitioner and pass. Counsel for the Petitioner:MR.SURESH KUMAR REDDY KALAVA Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO. 27083 OF 2008 ORDER: This writ petition is filed seeking a mandamus to declare the action of the respondents in seizing the goods carriage LMV bearing Registration No. A.P. 03 X 1612 on 4-10-2008 as illegal and arbitrary. The petitioner is the owner of the goods carriage LMV vehicle bearing No. AP 03 X 1612. As the vehicle was involved in the Forest Offences, the 4th respondent on 3-10-2008 registered a case against the driver of the vehicle for the offence punishable under Section 20(1) ( c ) (iii) (ix) 2 (x) of A.P. Forest Act and Rules 3 and 4 of A.P. Red Sandal and Wood Transporting Rule, 1969 and 379 I.P.C. and the vehicle was seized on 4-10-2008. Assailing the said action, the petitioner has filed this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Forest appearing for Respondents 1 to 4 and perused the material on record. Once the vehicle is involved in a Forest Offence, the normal course would be to register a case under the Provisions of the A.P. Forest Act. However, the learned counsel for the petitioner submits that for the mistake committed by the driver, the vehicle was seized and thus he is deprived of carrying on his business and the petitioner is prepared to offer bank guarantee for the release of the said vehicle. Maybe, it is true, but the same is to be decided by the Special Divisional Forest Officer-2nd Respondent. Hence, the petitioner is hereby directed to approach the Special Divisional Forest Officer and file an application for the release of the vehicle, within a period of two weeks, and on such application being filed, the Special Divisional Forest Officer may exercise his discretion, and pass appropriate orders in accordance with law, within a period of four weeks thereafter. Accordingly, this writ petition is disposed of. No order as to costs. ________________________________ Justice Gopala Krishna Tamada 15th December, 2008. KM THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO. 27083 OF 2008 15th December, 2008.