IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SMI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24028 of 2008 Between: T. Shekar Reddy, S/o. Janaki Reddy, R/o. H.No. 1-124/4, Jangareddy Gudem, Thipparth Mandla, Nalgonda District. ..... PETITIONER AND 1 The Divisional Forest Officer-cum-Assistant Conservator Forests, Medak District, Medak. 2 The Forest Range Officer, Narsapur Village and Mandal, Medak 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 seizing the petitioners lorry bearing AP 7 W 9599, in spite of valid permit and not passing any orders under Section 44(2-A) or under Section 44(2-A) of the AP Forest Act as illegal, arbitrary and violative of the provisions of the AP Forest Act and Article 14, 19, 21 and 300-A of the constitution of India and further direct the 1st respondent to forthwith release the lorry of the petitioner herein. Counsel for the Petitioner:MR.M.V.DURGA PRASAD Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : ORDER This writ petition has been ﬁled by T.Shekar Reddy assailing the action of the respondents in not passing orders under Section 44 (2-A) or 44 (2-C) of the Andhra Pradesh Forest Act. The petitioner claims to be the owner of lorry bearing No.AP 7 W 9599 having purchased the same from M.Vijaya Raju s/o M.Maraiah on 11.4.2007, who had purchased the same after obtaining loan from ICICI Bank Finance Scheme. Under the purchase agreement, an amount of Rs.26,566/- per month is required to be paid towards discharge of the loan to the bank. The vehicle came to be seized by the Vigilance and Enforcement Department on 16.10.2008. The vehicle was handed over to the Forest Range Oﬃcer on the allegation that the vehicle was used in the commission of forest oﬀence i.e., illegal transport of 150 charcoal bags. According to the petitioner, he has no knowledge of the vehicle being used for transport of charcoal bags. There is a valid permit for transport of charcoal bags. He submitted a representation dated 29.10.2008 to the respondents for release of the said vehicle. His representation remained unattended. Therefore, he approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. When the writ petition came up for admission, learned Government Pleader for Forests received notice on behalf of the respondents. A fact remains that the representation dated 29.10.2008 submitted by the petitioner is pending consideration with the respondents. In that view of the matter, the writ petition is disposed of at the admission stage directing the respondents to consider the representation dated 29.10.2008 and pass appropriate orders with regard to release of the vehicle within a period of three weeks from the date of receipt of a copy of this order. No costs. _________ 4-11-2008 Note: Issue CC by two days. (B.O) rkk