2026:APHC:4104 APHC010028512026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

Monday, the Second day of February Two Thousand and Twenty Six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 2040 of 2026 Between:

Sathiya N. ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner:

1. Appavu Muniraj Counsel for the respondents:

1. G.P. for Forests The Court made the following:

ORDER:

This writ petition is filed under Article 226 of Constitution of India seeking direction to the respondents forthwith to release the lorry bearing No.TN-32-AM-5641 to the petitioner.

2. The case of the petitioner is, briefly, as follows:

a. The petitioner is the owner of the said lorry and has been running the vehicle for local transportation. The respondent No.2 falsely registered a case on 12.01.2026 at Karvetinagaram Forest Range area, with allegation that there was illicit transportation of fuel wood of 16 M.Ts., vide OR.No.45/2025-26/KNR/A8, dated 12.01.2026 for the alleged offence under Section 59(1)(ii) of the Andhra Pradesh Forest Act, 1967 (in short „the Act‟) and seized the lorry.

b. The vehicle and the material are under the custody of the respondent No.3. The petitioner submitted a representation to the respondent No.2 on 17.01.2026 seeking release of the vehicle in interim custody.

c. The respondent No.2 has willfully failed to consider the same and pass appropriate order till date. The petitioner was not given any show cause notice or opportunity of hearing. The petitioner has not committed any offence or contravened any provisions of law. The petitioner is dependent on the income derived from running the vehicle. Due to the seizure of the vehicle, the petitioner is put to loss and hardship. If the vehicle is kept idle, it gets damaged.

d. The Supreme Court in the cases of Sunderbhai Ambalal Desai Vs. State of Gujarat¹ and General Insurance Council and others Vs. State of Andhra Pradesh and others² held that seized vehicles should

(2002) 10 SCC 283

(2010) 6 SCC 768

not be allowed to lie in open places for long time as it results in deterioration and loss of value and that authority / Court must pass appropriate order for interim release of the vehicle in custody to the owners subject to suitable conditions. Since the respondent No.2 failed to pass any order on the representation of the petitioner, this writ petition was filed.

3. The learned counsel for the petitioner referred to the decision of common High Court for Andhra Pradesh and Telangana in W.P.No.3582 of 2018, dated 09.03.2018 and decision of this Court in W.P.No.30960 of 2024, dated 04.02.2025, wherein, while disposing of the writ petitions, a direction was given to the petitioner therein to approach the District Forest Officer who has jurisdiction to pass appropriate order by conducting enquiry, including any interim custody and thereafter the District Forest Officer to issue show cause notice to the petitioner calling upon the explanation and thereafter to conduct enquiry and pass appropriate orders within time stipulated in the order i.e., six weeks from the date of receipt of order in the writ petition.

4. The learned Assistant Government Pleader for Forests placed on record written instructions of the respondent No.2, vide Rc.No.45/2026/A8, dated 01.02.2026. It is stated in the written instructions that on 08.01.2026, the forest staff of Karvetinagar Range, during the night patrolling, noticed this lorry coming from Tiruttani towards Puttur near Desamma Temple Arch at about 10.00 P.M. and upon checking the vehicle and enquiring the driver of the vehicle by name S.Devendran, the forest staff ascertained that nearly 16 M.Ts. of fuel wood was being transported from patta land of Tamil Nadu to a plywood factory located at Srikalahasti, Andhra Pradesh without any valid transit permits.

5. It is further stated that the transportation of miscellaneous fuel wood without any government transit p