STATE OF ORISSA Vs. TANKADHAR PATRA

JUDGEMENT

(1.) The challenge in the present petition is to an order dtd. 6/9/2008 passed by the District Judge, Ganjam allowing FAO No.7 of 2007 filed by the Opposite Party and directing release of tractor and trolley, which had been seized by the Assistant Conservator of Forests, Parlakhemundi (ACF) by an order dtd. 20/1/2007, in favour of the Opposite Party.

(2.) While directing notice to issue in the present petition on 8/12/2008, the operation of the impugned order was stayed. In other words, for over 13 years now, the tractor has remained as it is without being returned to Opposite Party and without being put to use by anyone. Clearly, the tractor must have depreciated and deteriorated to an extent where it can no longer be used.

(3.) In addition to this, the Court finds that in the impugned order the learned District Judge has noted the admission of the Government pleader that the enquiry to be carried out by the Forest Ranger in terms of Rule 4(2) of the Orissa Forest (Detection, Enquiry and Disposal of Forest Offence), Rules, 1980, had not in fact been carried out.