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Orissa High CourtWP(C)/9873/2022disposed off

Md.Hakim v. Ao-Cum-Dfo, Rourkela

2022-04-27Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.9873 of 2022 Md. Hatim ....

Petitioner -versusAuthorized Officer-cum-D.F.O., Rourkela Forest Division and another ....

Opposite Parties CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

27.04.2022 01.

1.

This matter is taken up through hybrid mode.

2.

On being mentioned, learned counsel for the Petitioner is permitted to correct the name of the Petitioner in cause title as well as in the contents of the writ petition in Court today. 3.

This writ petition has been filed by the Petitioner seeking a direction to the Opposite Party No.1 to conclude the confiscation proceeding in respect of his vehicle bearing Registration No.JH-05-AE-2505 seized in connection with OR Case No.183 of 2020-21 of Panposh Range, Rourkela Forest Division within a stipulated period.

4.

Heard the learned counsel for the Petitioner.

// 2 // 5.

Learned counsel for the Petitioner submits that though the aforesaid vehicle of the Petitioner was seized in a forest case, but no confiscation proceeding has been started yet, hence either a direction be given to initiate and conclude the proceeding within a stipulated period or the vehicle be interimly released in favour of the Petitioner. 6.

Needless to say that if the confiscation proceeding has not been initiated though the vehicle is seized a year before, if the Petitioner appears before the D.F.O. concerned with a application for release of the vehicle interimly, the D.F.O. in exercise of his power under Section 65 of the Orissa Forest Act may consider the same not later than 15 days of fling of such application along with a copy of this order or if the confiscation proceeding has already been initiated, ensure disposal of the same not later than three months of receipt of the copy of this order.

(S. Pujahari) Judge DA