BRAJABANDHU MISHRA Vs. DIVISIONAL FOREST OFFICER, NAYAGARH

JUDGEMENT

(1.) IN this writ application, petitioners pray to direct the opposite parties, Forest Officials, to handover 8 number of doors or to pay cost thereof amounting to Rs.1,20,000/ - to the petitioners.

(2.) CONFISCATION Proceeding under section 56 of the Orissa Forest Act, 1972 ( for short, 'the Act) was initiated before the opposite party no.2 the Authorized Officer on the allegation that a TATA Ace vehicle bearing Registration No. OR -25 -A -5603 was transporting 84 nos. of sizes and planks. The vehicle belongs to one Pravat Pradhan. During pendency of the Confiscation Proceeding petitioner no.2 who is wife of petitioner no.1 appeared before the Authorized Officer and filed application asserting that at the time of alleged seizure by forest officials the vehicle in question was transporting 8 nos. of doors purchased by the petitioners for construction of house and they were not transporting any sizes and planks. It was contended that as doors are finished products, and not forest produce as defined under the Act, the seized doors be released in favour of the petitioner no.2. Upon verification of such claim, the Authorized Officer closed the Confiscation Proceeding and directed release of seized articles and seized vehicle on the basis of following findings:

(3.) IN the counter affidavit filed on behalf of opposite party nos.1 to 3 it has been stated that during course of Confiscation Proceeding upon verification seized materials were found to be dismantled parts of the doors. Accordingly, direction has been passed for release of the said forest produce. Order having been passed for release of seized articles, petitioners are not entitled to release of the doors or for cost thereof as assessed by them.