Telangana High Court
Katravath Jayamma v. The State of Telangana
WP/19356/2026
- Decision date
- 2026-06-23
- Text availability
- Full text
- Judges
- Surepalli Nanda
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
132521 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Origi nal Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT P NO: {9356 oF 2026 Between Katravath Jayamma, Wo. Katravath Sukya, Aged 33 years, Occ. JCB Owner/ operator, R/o. H.No.5-82, Banay Gan Taanda, Rajapet, Near Shivalayam, Wanaparthy Town and District - 509381. ...PETITIONER Forest Department, 1.The state of relangana, Rep. ,l:'rr,.cipat secretary, Secretariat Buildings, Hyderabad. 2. The Chief Conservator, Forest Department, Hyderabad. 3. The District Forest Officer, Forest Department, Wanaparthy District at Wanaparthy. 4. The Forest Range Officer, Wanaparthy, Wanaparthy District. 5. The Deputy Range Officer, Wanaparthy, Wanaparthy District. 6. Smt.ChinthapalliChennmma, Wo. Buchchanna, Occ. Agriculture, R/o. Rajapet Village, Wanaparthy Mandal and District. 7. Smt. Erra Geeramma, Occ. Agriculture, R/o. Rajapet Village, Wanaparthy Mandal and District. 8. The Tahsildar, Wanaparthy Mandal, Wanaparthy District. ...RESPONDENTS
the Petition under Article 226 of the Constitution of lndia praying that in circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order or direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in registering Crime vide POR No.0438 dated 23t05t2026 and seizing the Petitioners JCB Vehicle in Forest Offence punishable under Section 20(1)(cXii)(iii) and (vii) R/w. 20(1XdX2), 44 and 52 of the Telangana ForestAct, 1967 and not releasing Petitioner's JCB vehicle bearing RC No. TG 32 1572 with Chasis No. BCEHD1lBLE 2403740 seized by the Respondent No.Sas illegal, arbitrary, against the provisions of law and practice and also against the provisions of Forest Act 1967 and also against the principles of naturaljustice and CONSEQUENTLY Quash the proceedings in Crime vide POR No.0438 dated 2310512026 registered by the Respondent No. 5 herein for the Offence punishable under Section 20(1)(c)(i)(ii) and (vii) R/w. 20(1)(d)(21,44 and 52 of the Telangana Forest Act, 1957which is pending on the file of learned Principal Judicial First Class Magistrate at Wanaparthy. l.A. NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 3 to release the JCB Vehicle bearing RC No. TG 321572with Chasis No. BCEHDIlBLE 2403740 seized by the Respondent No.S in Crime vide POR No.0438 dated 2310512026 on the file of Respondent No. 5 and hand over the JCB Vehicle to the safe custody of Petitioner without furnishing of the sureties or on any reasonable conditions for vehicle production whenever it is necessary pending disposal of the proceedings in Crime vide POR No.0438 dated 2310512026 on the file of Respondent No. 5 herein. Counsel for the Petitioner: SRI BHANU MURTHY BALA Counsel for the Respondent Nos.1 TO 5: AGP FOR FORESTS Counsel for the Respondent No.8: AGP FOR REVENUE Counsel for the Respondent Nos.6 & 7: .. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD NANDA HON,BLE MRS. JUSTICE SUREPALLI Katravath JaYamma Petitioner And The State of Telangana and others ResPondents Heard Sri Bhanu MurthY Bala, learned counsel learned the Petitioner, appearing on behalf of Pleader for Forests appearing Assistant Government and the Nos'l to 5 on behalf of the respondent for Revenue learned Assistant Government Pleader No'8' appearing on behalf of the respondent 2
Writ, Order or ".,.to issue an appropriate direction, more particularly one in the nature of Writ of the action of the ResPondents in Mandamus declaring 2 S N,J W.P.No.19356 of 2026 registering Crime vide POR No.0438 dated 23-05-2026 and seizing the Petitioners JCB Vehicle' in Forest Offence punishable under Section 20(1)(c)(ii)(iii) and (vii) R/w. 20(1)(d)(2), 44 and 52 of the Telangana Forest Act, 1967 and not releasing Petitioner's ICB vehicle bearing RC No.TG 32 1572 with Chasis No. BCEHD1lBLE 2403740 seized by the Respondent No.5 as illegal, arbitrary, against the provisions of law and practice and also against the provisions of Forest Act 1967 and also against the principles of natural justice and CONSEQUENTLY Quash the proceedings in Crime vide POR No.0438 dated 23-05-2026 registered by the Respondent No.5 herein for the Offennce punishable under Section 20( 1)(c)(ii)(iii) and (vii) R/w. 20(1)(dX2), 44 and 52 of the Telangana Forest Act, 1967 which is pending on the file of learned Principal Judicial First Class Magistrate at Wanaparthy and pass.....". 3. The case the Detitioner in brief as oer the '1 3,1 The petitioner is the owner of the vehicle i.e., JCB bearing registration No. TG 32 1572. Respondents No. 6 and 7, who are pattadars of land in Sy. No. 404 of Rajapeta 3 SN,J W.P.No.19356 of 2025 clearingVillage, engaged the petitioner to undertake land and leveling work in their assigned agricultural l'ands.
5 was in progress, the Respondent No.3.2 While the work seized the petitioner's JCB vehicle on 22.05.2026 alleging Preliminaryencroachment of forest land and registered a Offence Report vide POR No. 0438 dated 23.05.2026 under the Telangana Forest Act, 1967. The petitioner's driver was arrested and produced before the Magistrate. demarcation between forest land3.3 There was no clear and assigned government land, and petitioner had in-fact acted bonafidely. The continued detention of the vehicle had caused severe hardship to the petitioner. Aggrieved by the same, the petitioner approached this court by filing the present writ petition. DISCUSSION AND CONCLUSION: the 4. Learned counsel appearing on behalf of followino petitioner maintv puts forth the submissions: \ 4 SN,J W. P. No.19356 of 2026 produced4.t The petitioner's driver was arrested and before the learned ludicial First Class Magistrate Court, Wanaparthy in connection with a forest offence vide POR No. 0438 dated 23.05.2026 under the Telangana Forest Act, t967. 4.2 The detention and arrest of the petitioner's driver, as well as the seizure of the JCB vehicle, are contrary to the procedure prescribed under the Telangana Forest Act. 4.3 The alleged forest offences against the petitioner's driver are baseless and unsupported by any valid material. 4.4 Neither the petitioner nor petitioner's driver has committed any forest offence as alleged by the respondent authorities
petitioner's ICB vehicle is illegal4.5 The seizure of the and in violation of the statutory procedure contemplated under the Telangana Forest Act, 1967. Based on the aforesaid submissions, learned a on behalf of h r 6 SN,J W.P.No.19356 of 2026 5 l I I n was cleared and levelled with the help5.1 The forest land of a JCB vehicle for conversion into agricultural land. destruction of5.2 The said act allegedly resulted in the valuable forest vegetation and degradation of reserve forest land by illegally entering into the forest reserve area. growth was cleared over an extent5.3 The natural forest of 0.40 + 0.10 = 0.50 hectares. 5.4 A Preliminary Offence Report dated 22.05.2Q26 was punishable under Sectionsregistered for the offences as20(1)(c)(ii), (iii), and (vii) read with Section 20(1)(d)(2), A SN,J W. P. No.193 56 of 2026 well as Sections 44 and 52 of the Telangana Forest Act, 7967. 5.5 The driver, Sri l. Praveen, S/o Ramulu, was arrested and produced before the learned Judicial First Class Magistrate, Wanaparthy, along with the remand report, panchanama/ and Forms A, B, C, and F as prescribed under the Telangana Forest Act and Rules. 5.6 The petitioner's remedy is to approach the competent lower Court for appropriate relieF regarding the release of the seized property.
5.7 The Magistrate ls required to conduct proceedings against the accused and take necessary action for the disposal of the seized property in accordance to law, as per Section 44 of the Telangana Forest Act, 1967. ! 1 7 sN'l W. P, No.19356 of 2025 6 (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Forests appearing on behalf of the respondent Nos.1 to 5, (c) The copy the written instructions Assistantbrought on record by the learned Government Pleader for Forests appearing on behalf of the respondent Nos.1 to 5 dated 22.06.2026 of the Forest Range Officer, Wanaparthy District, (d) The fact that the subject JCB vehicle of the petitioner herein had been produced before the learned Judicial Magistrate of First Class, Wanaparthy as arrived at (d) The discussion and conclusion paragraph Nos.4 and 5 of the present order, SN-I W. P.No.19355 of 2026 Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed. I SD/- P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// 6 sTo 1 The Prinopal Secretary, Forest Department, Secretariat Buildings, Hyderabad, State of Telangana. Conseryator, Forest Department, Hyderabad. ? J|'e Clief r' r ne urstrict Forest officer, Forest Depariment, wanaparthy District at Wanaparthy.
4. The Forest Range Officer, Wanaparthy, Wanaparthy District. 5. The Deputy Ranqe officer, wanaparttiy, Waffirtiiy oistrict. 6. rhe rahsitdar, winaparthy M;il;l w;;#,iiir-iji.trio T.ONECGTOSRIBHANUMURTHYBALA'AdVOCAIE[OPUC] for t-he stafe of rerangana, at 8. Two ccs to ei'ron ronrsrs,-iign'court REVENUE, Hish court ror the state or reransana, at e. T#"tt3i;8Hlo* Hyderabad. [OUT] 10.Two CD CoPies ! PSK.,lg n CC TODAY HIGH COURT DATED: 23106t2026 L S iAT€ o ORDER tY g JUN 202$ .;ro 2WP.No.19356 of 2026 ot) f .t i' . -.. :_: i DISPOSIN G OF THE WRIT PETITION cOSTS 11" ?s\ L