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Orissa High Court

Madan Mohan Sahoo vs State Of Odisha And Another .... Opp. ... on 3 January, 2023

Author: K.R. Mohapatra

Bench: K.R. Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 W.P.(C) No. 36828 of 2022

                 Madan Mohan Sahoo                 ....       Petitioner
                                 Mr. Rajesh Kumar Mahapatra, Advocate
                                           -versus-
                 State of Odisha and another             .... Opp. Parties
                                                   Mr. Dillip Kumar Mishra,
                                            Additional Government Advocate

                           CORAM:
                          JUSTICE K.R. MOHAPATRA
                                       ORDER
Order No.                             03.01.2023
 1.         1.      This matter is taken up through Hybrid mode.

2. Petitioner in this writ petition prays for a direction for early disposal of Confiscation Proceeding No.21 of 2019-20 (arising out of OR Case No.38K of 2020-21) pending before the Authorized Officer-cum-ACF, Angul (T) Forest Division, Angul-Opposite Party No.2.

3. Mr. Mahapatra, learned counsel for the Petitioner submits that the Tractor of the Petitioner bearing registration No.OD-19-Q-7232/7233 with Trolley has been seized by the Authorized Officer in connection with aforesaid OR Case. Subsequently, Confiscation Proceeding No.21 of 2019-20 has been initiated. Enquiry report has already been submitted by the Range Officer in the matter. However, for some reason or the other, the confiscation proceeding is being delayed for which the Petitioner is suffering a lot. The Petitioner had purchased the aforesaid vehicle by obtaining financial assistance from Bank. Hence, he prays for early disposal of the confiscation proceeding.

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4. Mr. Mishra, learned AGA submits that he has no instruction in the matter. However, if the confiscation proceeding is ready, steps should be taken for disposal of the same in accordance with law at an early date.

5. Considering the submissions of learned counsel for the parties, this Court, without expressing any opinion on merits of the case of the Petitioner, disposes of the writ petition with a direction that on production of certification copy of this order, the Authorized Officer-cum-ACF, Angul (T) Forest Division- Opposite Party No.2 shall do well to dispose of the confiscation proceeding No.21 of 2019-20 stated to be pending before him, as expeditiously as possible preferably within a period of four months therefrom giving opportunity of hearing to the Petitioner, if there is no legal impediment. The Petitioner is also directed to cooperate Opposite Party No.2 for early disposal of the confiscation proceeding.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy Page 2 of 2