Orissa High Court
Mrs. Padmini Bhanja vs State Of Odisha And Others .... Opp. ... on 21 September, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23390 OF 2021
Mrs. Padmini Bhanja .... Petitioner
Mr. Subhransu Bhusan Mohanty,
Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr. Arun Kumar Mishra,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 21.09.2021 3. 1. This matter is taken up through hybrid mode.
2. This writ petition has been filed for a direction to the Divisional Forest Officer, Khurda-Opposite Party No.2 to release the J.C.B. Machine of the Petitioner seized in connection with Offence Case No.10K of 2020-21.
3. It is submitted by Mr. Mohanty, learned counsel for the Petitioner that Hydraulic Excavator (J.C.B. Machine, ROBEX 80-7 Hyundai) has been seized in connection with Offence Case No.10K of 2020-21 pending before the Assistant Conservator of Forest-cum-Authorized Officer, Khurda. It is his submission that earlier the Petitioner had approached this Court in W.P.(C) No.15537 of 2021, which was disposed of on 5th May, 2021 with a direction to the Authorized Officer to consider the application for release of the vehicle in question. It was also directed that the confiscation proceeding shall also be disposed of within a period of eight months from the date of production of an authenticated copy of the said order. Pursuant to the said direction, the Page 1 of 2 // 2 // Petitioner filed an application, which was rejected by the Divisional Forest Officer, Khurda with an observation that Section 57 of the Orissa Forest Act, 1972 (for short 'the Act') has been deleted from the statute. It is submitted by learned counsel for the Petitioner that notwithstanding the power contained in the Odisha Forest Act, the Divisional Forest Officer, Khurda under Section 65 of the Act has the discretion to grant interim release of the vehicle during pendency of the confiscation proceeding. He, accordingly, prays for a leave to move the Divisional Forest Officer, Khurda in that regard by filing an application.
4. Mr. Mishra, learned Additional Government Advocte for the State submits that since the confiscation case has been proceeded substantially and is about to be disposed of, interest of justice will be best served if the Petitioner participates in the said proceeding and cooperates with the Authorized Officer for early disposal of the confiscation proceeding.
5. In view of the above, this Court disposes of the writ petition with an observation that in the event the Petitioner files an application under Section 65 of the Act for interim release of the Hydraulic Excavator (J.C.B. Machine, ROBEX 80-7 Hyundai), as aforesaid, the same shall be considered in accordance with law.
Urgent certified copy of this order be granted on proper application.
(K.R.Mohapatra) Judge jm Page 2 of 2