PRABHAT KUMAR PRADHAN Vs. DIVISIONAL FOREST OFFICER, NAYAGARH

JUDGEMENT

(1.) IN this writ application, petitioner has made prayer to direct opposite party nos.1 to 3, who are Forest Officials, to pay compensation to the tune of Rs.2,22,300/ - to him.

(2.) CONFISCATION proceeding under Section 56 of the Orissa Forest Act, 1972 (for short, 'the Act') was initiated before the Authorized Officer -cum -ACF, Nayagarh Division on the allegation that a TATA ACE vehicle bearing Registration No. OR -25 -A -5603was transporting 84 nos. of sizes and planks belonging to the petitioner without authority. Duringpendency of the confiscation proceeding opposite party no.4 appeared before the Authorized Officer and filed application asserting that at the time of seizure by forest officials the vehicle in question was transporting 8 nos. of doors purchased by her for construction of house and that sizes and planks as alleged were not in the vehicle. Upon verification of such claim, the Authorized Officer closed the proceeding and directed release of seized articles and seized vehicle on the basis of following findings:

(3.) IT is averred in the writ petition that pursuant to the order passed by the Authorised Officer vehicle in question has been released in favour of the petitioner on 30.12.2010. Petitioner's case is that upon verification and enquiry in the confiscation proceeding it was found that the vehicle belonging to the petitioner was not carrying any seizable forest produce so as to attract the provision for confiscation under Section 56 of the Act. Due to illegal detention of the vehicle from 9.5.2010 to 30.12.2010 petitioner has sustained loss to the tune of Rs.2,22,300/ - which amount the petitioner would have otherwise earned on account of hiring charges. It was contended by the learned counsel for the petitioner that illegal seizure of the vehicle by opposite party nos.2 and 3 having resulted in illegal detention, they are liable to pay compensation. Though the petitioner filed representation dated 30.1.2011 before opposite party nos.2 and 3 to pay compensation and forwarded copy thereof to opposite party no.1 -Divisional Forest Officer, Nayagarh, no action was taken.