K. A. SWAMI, J. ( 1 ) THIS matter was posted in 'b' Group and by consent of parties, it was taken up for final hearing. ( 2 ) IN this petition under Art. 226 of the Constitution, the petitioner has sought for a writ in the nature of Mandamus to the Respondent to release the vehicle bearing No. BHN 5571 and also for a writ in the nature of prohibition directing the respondent to refrain from proceeding with the case in No. SDL. GL. 3490/78-79. The grievance of the petitioner is that the aforesaid transport vehicle belongs to him and the same was seized by the Hoskote Police on 11- 3-1979 purporting to act under the provisions of s. 62 (1) of the Karnataka Forest Act, 1963 (hereinafter referred to as 'the Act') and thereafter the said vehicle was produced before the respondent namely, the divisional Forest Officer, Bangalore, under S. 71a of the Act. The further case of the petitioner is that he has made an application before the respondent for release of the aforesaid vehicle under S. 63 of the Act and that application and the proceedings under S. 71a of the Act, also have not been finalised. ( 3 ) TIME was granted to the respondent to enable him to file his statement of objections, even then, he has not filed the same. Therefore, this Court has to proceed on the basis of the allegations contained in the writ petition as there is no denial of the same. ( 4 ) THE State Government, in exercise of its powers under sub-sec. (1) of S. 71a of the Act, has by the notification No. FFD 90 FDP 76 (1) dated 5th July 1976 published in the Karnataka Gazette, dated 8-7-1976, authorised all the Deputy conservators of Forests to be authorised officers for the purpose of the sub-section (1) of S. 71a of the Act. The Divisional forest Officer is also the Deputy Conservator of Forests. Thus, the respondent is the authorised officer for the purpose of s. 71a of the Act. In view of this, the hosakote Police, purporting to act under sec. 62 (1) of the Act, after seizing the vehicle in question on 11-3-1979, have produced the same before the respondent.
The Divisional forest Officer is also the Deputy Conservator of Forests. Thus, the respondent is the authorised officer for the purpose of s. 71a of the Act. In view of this, the hosakote Police, purporting to act under sec. 62 (1) of the Act, after seizing the vehicle in question on 11-3-1979, have produced the same before the respondent. Under Rule 69 of the Karnataka Forest rules, 1969 (hereinafter referred to as 'the Rules'), Chief Conservators of Forest, conservators of Forests, Deputy conservators of Forests, Assistant Conservators of Forests and Forest Rangers, in addition to the powers given by the act have been empowered to exercise the powers under Ss. 63 and 71 of the Act. As already pointed out, the Divisional forest Officer is also the Deputy Conservator of Forests and he is called as Divisional forest Officer because he is in charge of a forest division. The relevant portion of Rule 69 of the Rules reads as follows : "powers of Forest Officers.-The category of officers mentioned in column (1) of the table below shall, in addition to powers given by the Act, exercise the powers under the sections specified in the corresponding entries in column (2) thereof. A brief description of the powers conferred is also given in column 3 of the table-