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2000 Supreme(AP) 833

ELLEN DHARKAR
Abdul Khader – Appellant
Versus
Forest Range Officer, Rayachoti, – Respondent


ELLEN DHARKAR, J.

( 1 ) THIS writ petition was filed against the order dated 16-8-91 in Forest Appeal No. 4 of 1988 on the file of the II Addl. District Judge, Cuddapah, confirming the order of the I respondent in OR. 22/87-88 (R)/a. 5 dated 8-4-1988, confiscating the lorry of the petitioner bearing No. ADM-3879, being illegal and arbitrary and consequently pass such other orders which are deemed fit and proper in the circumstances of the case.

( 2 ) THE petitioner is the owner of the lorry bearing No. ADM-3879 and he was admitted in Kurnool General Hospital in the month of June, 1987 and underwent treatment from 17-6-1987 to 20-6-1987 and during that period he instructed the driver of his lorry Sri Shaik Khaja Peer to look after the running of the lorry, that after discharge from the hospital, he came to know that his lorry was seized by the first respondent on 19-6-1987 on the allegation that red sandal logs were transported in the lorry and a show cause notice was issued to the petitioner under sub-sec. (2) of Sec. 44 of the A. P. Forest Act, 1967 (for brevity the Act) and he replied to the show cause notice giving his explanation duly bringing to the notice all the material fact















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