THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.11820 of 2011 Dated 11th August, 2011 Between: Smt.R.Neelavathi …Petitioner And The Secretary, Government of Andhra Pradesh, Forest Department, Secretariat, Saifabad, Hyderabad and others …Respondents Counsel for the petitioner: Sri P.Phalguna Rao Counsel for respondents: AGP for Forests The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in seizing the petitioner’s vehicle (Tata Sumo) bearing registration No.TN 20 X 0838, as illegal and arbitrary. In her affidavit, the petitioner has stated that she is the owner of the above-mentioned vehicle of Tata Sumo make and that she has sent her vehicle on rent on 19.12.2010 and that as the vehicle went missing, she later found that the forest authorities seized and kept the same in the office of respondent No.2 on the allegation that the vehicle was used for transporting red sander logs. The petitioner also stated that a criminal case was registered against one person, by name, Muniyandi Pre Kumar, S/o Muniyandi, R/o Tiruvallur, Chennai, under Sections 20(1)(c) of the A.P.Forest Act, 1967 (for short ‘the Act’) and Rule 3 of the A.P.Sandal Wood and Red Sanders Transit Rules, 1969 and he was produced before the Court of the learned Judicial Magistrate of First Class, Venkatagiri. The petitioner further pleaded that even though more than three months had elapsed from the date of seizure, the respondents have not released the vehicle. The petitioner has not pleaded that she has filed an application before respondent No.2, who is the competent authority under Section 44 of the Act for release of the vehicle. Unless the petitioner approaches respondent No.2 with an appropriate application and fails to get release of the vehicle, she cannot invoke the jurisdiction of this Court. Therefore, the writ petition is devoid of any cause of action as at present. The writ petition is accordingly dismissed with liberty to the petitioner to approach respondent No.2 with an application for release of the vehicle and in the event, she does not succeed in that regard, she shall be free to avail appropriate remedy in accordance with law. As a sequel to dismissal of the writ petition, W.P.M.P.No.14462 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 11th August, 2011 VGB