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Orissa High CourtWP(C)/11097/2022disposed off

Kumudini Pradhan v. Collector And Dm, Nayagarh

2022-06-30Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.11097 OF 2022 Kumudini Pradhan Petitioner Mr. Jyotirmaya Sahoo, Advocate -versusCollector and District Magistrate, Nayagarh ....

Opp. Parties Mr. Suvashish Pattnaik, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

30.06.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to waive out a condition of Cash Security imposed by the Collector and District Magistrate, Nayagarh in Misc. Case No.39 of 2021 for interim release of the vehicle. 3.

Mr. Sahoo, learned counsel for the Petitioner submits that the vehicle of the Petitioner has been seized for alleged commission of offence under the Odisha Excise Act, 2005. She, therefore, moved an application for interim release of her vehicle. On consideration, the Collector and District Magistrate, Nayagarh vide order dated 10th December, 2021 directed to release the vehicle bearing Registration No.OD-33AA-5608 (Bolero Maxi Pick-up) kept under the custody of I.I.C., Chandpur P.S. subject to payment of Rs.1,60,000/- only through Treasury Challan along with other conditions. Although the Petitioner made an attempt to arrange the money to release the vehicle, but could not be successful. Hence, this writ petition has been filed with a prayer to waive the condition

// 2 // of Cash Security imposed by the Collector and District Magistrate, Nayagarh.

4.

Taking into consideration the fact that the order was passed on 10th December, 2021 and the Petitioner has not moved the Collector and District Magistrate, Nayagarh for modification of the condition, this Court is not inclined to entertain this writ petition at this stage.

5.

The Petitioner, if so advised, may move the Collector and District Magistrate, Nayagarh for modification of the condition imposed in the impugned order.

6.

The writ petition is disposed of accordingly. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge ms