Sana Srihari Reddy S/o Sriramulu Reddy v. State of Andhra Pradesh
2023-03-29
GANNAMANENI RAMAKRISHNA PRASAD
body2023
DigiLaw.ai
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.
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 unencumbered. Having considered these submissions, this Court has directed the Learned Counsel for the Writ Petitioner that in the fitness of things, the owner of the house who is the wife of the Writ Petitioner shall file an undertaking that she will keep the property free from any encumbrance and that she will not alienate or in any way encumber either by way of rent, lease, sale and that she shall not put this property for any kind of risk.
The relevant portion of the Order dated 24.03.2023 is extracted hereunder: “Sri Y. Koteswara Rao, Learned Counsel for the Writ Petitioner, has produced certain documents from the Registrar (Stamps Department) to indicate that the wife of the Writ Petitioner owns a house which is worth about Rs.6,52,900/- as per the Market Value Assistance Calculator obtained on 21.03.2023. Along with these documents, the Learned Counsel for the Writ Petitioner has also submitted encumbrance certificate which indicates that the property belonging to the wife of the Writ Petitioner in House No. 28-595, Plot No. 53, Survey No. 310/1, 311/3A is unencumbered. Learned Counsel for the Writ Petitioner is directed to file an Affidavit sworn by the Owner of the Property namely the wife of the Writ Petitioner that she will keep the property free from any encumbrance and that she will not alienate or in any way encumber either by way of rent, lease, sale and that she shall not put this property in any kind of risk. Let the Affidavit be filed on or before 29.03.2023.” 7. In pursuance of the Order dated 24.03.2023, Learned Counsel for the Writ Petitioner has placed on record the Sworn Affidavit dated 25.03.2023, given by Smt. Sana Ruckmini W/o. Sri Sana Srihari Reddy to the following effect: “I submit that my husband prosecuting the case for release of the lorry before the forest officials and also before this Hon’ble Court. I came to know that the 3rd Respondent passed orders for release of Vehicle on deposit of Rs.6,50,000/- as security before the Nationalised Bank by my husband. My husband filed above writ petition before this Hon’ble Court for modification of the order of the 3rd respondent, seeking a direction, instead of cash deposit to allow to furnish immovable property as security. I submit that House bearing No. 28-595, Plot No. 53, Sy. No. 310/1, 311/3A, situated at Ward No. 28, Nellore-II, S.P.S.R. Nellore District, stood in my name and I am owner and possessor of the residential house. I am ready and willing to give this house property as security for release of the Vehicle in favour of my husband. I submit that I am giving this undertaking to this Hon’ble Court and also to the 3rd respondent that for interim custody of the Vehicle to my husband, my house bearing No. 28-595, Plot No. 53, Sy.
I am ready and willing to give this house property as security for release of the Vehicle in favour of my husband. I submit that I am giving this undertaking to this Hon’ble Court and also to the 3rd respondent that for interim custody of the Vehicle to my husband, my house bearing No. 28-595, Plot No. 53, Sy. No. 310/1, 311/3A, situated at Ward No. 28, Nellore-II, S.P.S.R. Nellore District valued @ Rs.6,52,900/- by the S.R.O. Stonehousepet, Nellore and I do hereby undertake that I shall not sell, entire into agreement of sale, mortgage, encumber, transfer to third parties and do not execute any kind of conveyance deeds to the third parties, in respect of the above house property till disposal of the proceedings by the Forest Authorities or Court finally, in respect of the Vehicle bearing No. AP 26 TB 2345. I would abide by the terms and conditions imposed by this Hon’ble Court. Hence, this affidavit.” 8. The above said Sworn Affidavit dated 25.03.2023 filed by Smt. Sana Ruckmini W/o Sana Srihari Reddy, is taken on record. Learned Counsel for the Respondents has also perused this Affidavit, indicating that the owner of the house shall not encumber the property that is being given as a Surety for the release of the Vehicle. 9. This Court is satisfied with the documents filed by the Writ Petitioner as regards the Market Value Assistance Calculator, which is obtained on 21.03.2023, which indicates that the worth of the house is about Rs.6,52,900/-. While this being the Book Value, this Court is of the opinion that value of the house would certainly be more than the Book Value in the Register. 10. In this view of the matter, the Surety in terms of this property bearing House No. 28-595, Plot No. 53, Survey No. 310/1, 311/3A situated in Ward No. 38, Nellore-II, S.P.S.R. Nellore District is accepted. The Writ Petitioner as well as the Deponent of the Sworn Affidavit dated 25.03.2023 namely Smt. Sana Ruckmini W/o Sana Srihari Reddy, are directed to adhere to the terms of the Affidavit in strict compliance. 11. The 3rd Respondent is directed to release the Vehicle upon furnishing of a notarised colour Photostat copy of the Title Deed of the Immovable Property as indicated above.
11. The 3rd Respondent is directed to release the Vehicle upon furnishing of a notarised colour Photostat copy of the Title Deed of the Immovable Property as indicated above. The Registrar of Registration is also directed to place this property in the Property Schedule Under Section 22-A (1) (e) of the Registration Act, 1908 (the Act), to indicate that the property stands attached in connection with FIR No. 3 of 2022 of Sullurpet Police Station until further orders of this Court to be passed under Section 22-A (4) of the Act. 12. The Writ Petition stands disposed of in terms of the above directions. No Order as to costs. 13. Interlocutory Applications, if any, stand closed in terms of this Order.