THE HON’BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.14245 OF 2025

O R D E R:

With the consent of both the parties, this Writ Petition is taken up for disposal at the admission stage itself.

2. This Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

“...to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondent nos.1 to 6 in not releasing the vehicle bearing Reg. No.TS-08-FL-0234 seized in connection with P.O.R. No.917/37 dated 06.01.2025 and currently in custody of the 3^rd respondent as illegal, arbitrary, and unjust and consequently direct the 6^th Respondent to forthwith assess the value of the said vehicle and direct the Respondent Nos.2 to 5 to release the said vehicle and pass...”

3. Heard Sri P.Lakshma Reddy, learned counsel for the petitioner; learned Government Pleader for Forest for the respondents.

4. Learned counsel for the petitioner submits that the petitioner is the absolute owner of Maruti Ciza Car bearing registration No.TS-08-FL-0234 and the said vehicle was seized by the officials of the Forest Department on 06.01.2025 in connection with the alleged offence registered in P.O.R.No.917/37 by the Deputy Range Officer, Chennur, for the alleged hunting, illegal possession, transportation and trading of a wild animal (Red sand Boa – Eryx Johnii), which falls under Schedule-I of the Wildlife (Protection) Act, 1972. It is further submitted that the seizure was affected at NH- 63 near Chinthalapally Village Shivar, Chinthalapally Beat, Chennur Division and the subject vehicle has been produced before respondent No.3 and presently the custody of the subject vehicle lies with respondent No.3’s office. It is further submitted that in similar circumstances, this Court in W.P.Nos.7634 of 2023 and 9058 of 2025, vide orders, dated 17.03.2023 and 08.04.2025, directed the respondents therein to release the subject vehicle, subject to the condition that the petitioner therein furnish the value of the vehicle. Therefore, learned counsel prays this Court to pass similar order in the present Writ Petition also.

5. Learned Government Pleader, on instructions, submits that the subject vehicle was seized in connection with a case in POR No.917/37, dated 06.01.2025 by the Deputy Range Officer, Chennur, for the offence under Section 9 read with Section 2(16), 39(3) read with 57, 44 read with 48-A, 49-B punishable under Section 51(1) of the Wildlife Protection Act, 1972, and under dated 17.03.2023 and 08.04.2025, in W.P.Nos.7634 of 2023 and 9058 of 2025, relied upon by the learned counsel for the petitioner orders are not applicable to the facts of the present case.

6. Having regard to the submissions made by learned counsel for the respective parties and without going into the merits of the case, this Writ Petition is disposed of permitting the petitioner to make a representation before respondent No.2 seeking release of subject vehicle, within a period of ten (10) days from the date of receipt of a copy of this order. Upon receipt of such a representation, respondent No.2 is directed to consider the same and pass appropriate orders, strictly in accordance with law, as expeditiously as possible, preferably within a period of two (2) weeks therefrom and communicate a copy of the same to the petitioner.

Miscellaneous petitions pending, if any, shall stand closed.

There shall be no order as to costs.

____________________ PULLA KARTHIK, J Date : 02.05.2025.

Note : Issue C.C. by Tuesday.

B/o.TMK