IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12433 of 2009 Between: Gondhi Shankaraiah Naidu S/o. Ramaswamy Naidu R/o. Gariminapeta, Rapur mandal, Nellore District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Forest Department, Secretariat, Hyderabad rep. by the Principal Secretary. 2 The Divisional Forest Officer, Nellor District. 3 The Forest Range Officer, Rapur Range, Rapur Village and Mandal, Nellor 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 in the nature of Writ of Mandamus or any other appropriate writ or order or direction declaring the action of the respondents in seizing and detaining the petitioner's 2006 Model Tractor bearing Regn. Nos. AP26P 4361 along with Trailor No. AP26P 4362 and 2009 model tractor bearing Regn. No.AP26AC 2784 alongwith a Trailor bearing No. AP26AC 2785 of Mahindra & Mahindra make as illegal and arbitrary and direct the respondents to release the said tractors to the petitioner and pass Counsel for the Petitioner:MR.KAKARAVENKATA RAO Counsel for the Respondent No.: GP FOR FORESTS WRIT PETITION NO : 12632 of 2009 Between: SEELAM RAMAIAH S/o.Venkatakrishnaiah Garimenapeta(V) Rapur(M) Nellore District ..... PETITIONER AND 1 The State of Andhra Pradesh Forest Department Secretariat Hyderabad Rep.by the Principal Secretary 2 The Divsional Forest Officer Nellore District 3 The Forest Range Officer Rapur Range,Rapur(V)&(M) Nellore 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 in the nature of writ of Mandamus declaring the action of the respondents in seizing and detaining the petitioner's Tractor bearing Regn.No.AP26P 3881 of Mahindra&Mahindra Make as illegal and arbitrary and direct the respondents to release the said tractor forthwith to the petitioner and pass Counsel for the Petitioner:MR.KAKARAVENKATA RAO Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION Nos. : 12433 and 12632 of 2009 COMMON ORDER: These two writ petitions are filed seeking a declaration that the action of the respondents in seizing and detaining the Tractors and Tailor belonging to the petitioners herein is illegal and arbitrary. The petitioners also seek a direction to release the said vehicles forthwith. It is pleaded by the petitioners that the vehicles in question were being used only for agricultural purpose and on 12.05.2009 the vehicles were found missing and on enquiry, it was found that the respondents 2 and 3 had taken the said vehicles into their custody without there being any justifiable reason. It is stated that the action of the respondents in taking the vehicles into their custody without following the procedure prescribed under the Andhra Pradesh Forest Act, 1967 and the Rules made under and particularly in the absence of any Forest offence is arbitrary and illegal. The learned Government Pleader for Forests under instructions stated that the vehicles in question were seized by the officials of the 3rd respondent on 11.05.2009 since the said vehicles had illegally entered into the Reserve Forest for collecting earth which is not permissible under the provisions of the Andhra Pradesh Forest Act, 1967. Accordingly, the learned Government Pleader contended that the vehicles are liable to be confiscated under the Forest offence and if aggrieved, it is for the petitioner to approach the 2nd respondent for release of the vehicles in question. I have heard the learned counsel for the petitioners in detail and perused the material on record. Since the vehicles in question were detained by the respondents on account of the alleged Forest Offences, the petitioners ought to have made an application before the 2nd respondent for release in which event appropriate orders would have been passed in accordance with law after making necessary enquiry. Without making such a request before the respondents, it is not open to the petitioners to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. Accordingly, the writ petitions are disposed of granting liberty to the petitioners to make the necessary applications for release of the vehicles in question before the 2nd respondent. If any such applications are made, the respondents are directed to receive the same and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of one week from the date of receipt of such applications. No costs. _____________ G.ROHINI, J Date: 07.07.2009 Note:- Issue C.C by tomorrow (B/o) KLP/YVL