Srikanta Kumar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 15683 of 2022 Srikanta Kumar Sahu ....

Petitioner Mr. Ashok Kumar Pattnaik, Advocate -versusState of Odisha and another ....

Opp. Parties Mr. Suvashish Pattnaik, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

12.07.2022 1.

1.

This matter is taken up through hybrid mode.

2.

Petitioner in this writ petition prays for a direction to release his vehicle bearing registration No.OD-5-Y-0620 (BOLERO Pick up Van), which has been seized in connection with forest offence. Petitioner further prays for a direction to the Authorized Officer-cum-Assistant Conservator of Forest, Dhenkanal Forest Division-Opposite Party No.2 to dispose of the confiscation proceeding in OR Case No.01D of 2022-23 within a stipulated period.

3.

In view of the bar under Section 56(3) of the Forest Act, 1972 as well as the fact that provision of Section 57 of the said Act has been deleted from the statute, interim release of the vehicle in question during pendency of the confiscation proceeding is not permissible. As such, the prayer made to that effect cannot be granted.

// 2 // 4.

So far as prayer for early disposal of the confiscation proceeding is concerned, this Court upon hearing learned counsel for the parties, disposes of the writ petition with a direction that in the event Petitioner files an application before the Opposite Party No.2 for early disposal of the confiscation proceeding in OR Case No.01D of 2022-23 pending before him within a period of two weeks hence stating the grounds therein along with certified copy of this order, he shall do well to consider the said petition for early disposal within six weeks therefrom in accordance with law and make an endeavour for early disposal of the confiscation proceeding, if there is no legal impediment.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy