HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.20522 of 2011 Date : 18-8-2011 Between: Kuntamkukkala Ramesh s/o.Appaiah, r/o.Bollorigudem, Paloncha Town, Khammam District .. Petitioner And Government of Andhra Pradesh, Represented by its Principal Secretary, Forest Department, Hyderabad and others .. Respondents Counsel for petitioner : Sri Banda Prasada Rao Counsel for respondents : A.G.P. for Forests The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare seizure of the petitioner’s tractor bearing No.AP 20 TA 1241, with cultivator, as illegal. The petitioner is the owner of the above mentioned tractor and cultivator which were seized on 21-11-2010 by the Forest officials on the allegation that they were used for illegal clearance and ploughing of land in compartment No.4 of Suraram Reserve Forest. A perusal of the counter-affidavit filed by respondent No.3 would reveal that apart from registering a criminal case against the petitioner and the driver of the tractor in the court of the learned Additional Judicial First Class Magistrate, Kothagudem, proceedings under Section 44 of the A.P. Forest Act, 1967 have been initiated for confiscation of the seized tractor and cultivator. Sri Banda Prasada Rao, learned counsel for the petitioner, submitted that the continued detention of the tractor and cultivator would cause deterioration in their value by the time the proceedings before respondent No.2 get concluded. I find merit in the submission of the learned counsel for the petitioner because the tractor and cultivator were seized more than eight months back and by their very nature their conduction is prone for deterioration if they are continued to be detained. As the offence alleged against the petitioner is yet to be proved and he being an agriculturist, it would be in the interest of justice to direct release of the seized tractor and cultivator to him subject to the following conditions: 1. Respondent Nos.2 and 3 shall release the seized tractor and cultivator to the petitioner within a period of one week; 2. The petitioner shall keep the original Registration Certificate of the tractor and cultivator with respondent No.2 who shall deliver a photostat copy of the same to the petitioner; and 3. The petitioner shall not alienate or in any manner alter the nature of the tractor and cultivator and shall produce the same as and when they are required in connection with the pending criminal case and the proceedings under Section 44 of the Act. The Writ Petition is accordingly disposed of. As a sequel to disposal of the Writ Petition, WPMP No.24904/2011 is dismissed as infructuous. _______________________ Justice C.V.Nagarjuna reddy Date : 18-8-2011 AM