The court allowed the use of immovable property as security for the release of the confiscated vehicle under Section 22-A (1) (e) of the Registration Act, 1908.

ORDER :

1. Heard Sri Y. Koteswara Rao, Learned Counsel for the Writ Petitioner and Sri G. Sravan Kumar, Learned Assistant Government Pleader for Forest.

2. Petitioner is the owner of the Lorry (Ashok Leyland) bearing No. AP 26 TB 2345. The driver of the Lorry, one Thupakula Mahendra was operating for transportation of rice from Nellore to Chennai port. On 10.01.2022, the Vehicle was loaded with rice at Baba Rice Mill, Nellore for the onward transportation to Chennai port. On 11.01.2022, at about 23.15 hours, when Sullurpet Police checked the Vehicle at Holy Cross Circle, they found 11 bags of sandal wood along with rice bags and the Sullurpet Police registered FIR No. 3 of 2022 as against three (3) persons. Two persons out of the three were the drivers of the lorry that belongs to the Petitioner. It is also stated that in the confession statement given by the lorry driver (Accused in the FIR), he had clearly stated that he and others have indulged in transportation of 11 bags of sandal wood to Chennai for gain and that the same was done without the knowledge and consent of the owner. Admittedly, the instant Writ Petitioner is not arrayed as an accused in the FIR. The Forest officials have recorded the statement of the Writ Petitioner also, wherein he had stated that the Vehicle was misused by the driver and the driver had illegally loaded 11 bags of sandal wood along with rice bags to transport the same to Chennai Port.

3. Learned Counsel for the Writ Petitioner has also submitted that the Writ Petitioner approached the Authorities for the release of the Vehicle and since no orders were passed by the 3rd Respondent, the Writ Petitioner was constrained to file Writ Petition No. 26938 of 2022. He further submitted that the Official Respondent No. 3 has confiscated the Vehicle by an Order dated 27.08.2022. Against the said Order, the Writ Petitioner has filed an Appeal before 2nd Respondent. The Appellate Authority/2nd Respondent has, by Order dated 30.11.2022, remanded the matter back to the 3rd Respondent to consider and pass fresh Orders.

4. By Order, dated 02.03.2023, this Court has disposed of the Writ Petition No. 26938 of 2022, with a direction to the Forest Officer-cum-Sub-Divisional Forest Officer, Venkatagiri to dispose of the Application filed by the Writ Petitioner by passing a Speaking Order within three weeks. As regards the submission of the Bank Guarantee in pursuance of this matter, the 3rd Respondent has passed an Order on 06.03.2023 to the effect that the petitioner shall furnish cash security of Rs.6,50,000/- (Ex.P2).

5. Having been aggrieved of this Order of 3rd Respondent to the effect that an amount of Rs.6,50,000/- to be deposited as a Security Deposit in favour of the District Forest Officer, Tirupati, the Writ Petitioner has filed the present Writ Petition, with a prayer that in the alternative, he may be permitted to furnish immovable property as security instead of cash deposit. By Order dated 17.03.2023, this Court directed the Counsel for the Writ Petitioner to obtain instructions as regards the particulars of Immovable Property and whether the Writ Petitioner is willing to give cash guarantee in-part and Immovable Surety for the balance.

6. On 24.03.2023, the Learned Counsel for the Writ Petitioner has submitted that the Writ Petitioner does not have the cash-liquidity for the purpose of meeting with the observation of this Court to give cash guarantee in-part and Immovable Surety for the balance. Learned Counsel further submitted that the wife of the Writ Petitioner is willing to give a house owned by her as a complete guarantee in lieu of cash. He also submitted a Market Value Assistance Calculator obtained on 21.03.2023, indicating that the value of the house is worth about Rs.6,52,900/-. He has also shown the Encumbrance Certificate which indicates that the property belongs to the wife of the Writ Petitioner bearing House No. 28-595, Plot No. 53, Survey No. 310/1, 311/3A and that the same is unencumbe