SRI NANDA KISHORE MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Biswanath Rath, J. This writ petition has been filed seeking quashing of the order dated 13.01.2003 passed by the Authorized Officer, Nayagarh Division, Nayagarh in O.R. No.95 of 1999-2000 and also the judgment dated 16.05.2008 passed by the District Judge, Puri in F.A. O. No.30/2003 in confirmation with the order of the Authorized Officer, Nayagarh Division, Nayagarh.

(2.) Short background involved in the case is that the Forest staff of Dasapalla upon receipt of V.H.F message from Ghogada beat, went on patrolling duty towards Ghogada on 22.10.1999 and it is at this point of time, the Patrolling party found, on Dasapalla Bhanjanagar P.W.D. Road, at Pankala Sahi Mohavir Taila on Dasapalla, a truck was coming and on signal to the Driver to stop the truck the driver tried to escape from the spot with high speed and it is at this point of time the wheel of the truck entered into loose soil and could not move any further. The Patrolling party saw, the driver of the Truck and fifteen laborers alongwith some other persons were sitting in the truck. On verification of the dala of the Truck they found, the truck was loaded with green axe cut 24 numbers of teak logs covered with green branches. On the spot the logs were measured which come to 80.070ft. and seized alongwith the truck bearing Registration no.OR-X-666. The Truck driver could not be able to produce any permit in support of transportation of the said teak logs. The driver also could not able to produce the R.C. Book of the truck and the driving licence at the time of seizure. Consequently, the truck along with the teak logs were seized by the Forest Guard and a seizure list was also prepared in presence of the driver and the witnesses. On receipt of the preliminary report about seizure of truck, the R.T.O, Cuttack and Bhubaneswar were informed to intimate the name and address of the owner of the seized truck. But no reply was sent by them. In the meantime, a final report was submitted by the Range Officer indicating therein that on local inquiry he came to know that one N.K. Mishra of Daspalla is the owner of the truck. On receipt of the final report show cause notice was issued to the owner and the other persons involved therein. Records further reveals that all such notices were received back undelivered with postal remark "always absent". Ultimately response was filed by the owner denying the involvement of the owner in the alleged offence. On completion of hearing the Authorized officer based on the materials available on record finally disposed of the Forest Offence case observing the involvement of the owner of the vehicle in the offence involved and thus also, directed for confiscation of the vehicle as well as the forest produces involved therein. After the appeal period is over an appeal was preferred vide F.A.(O) 30 of 2003 on the file of the District Judge, Puri and the appeal was finally dismissed thereby confirming the order passed by the Authorized Officer.

(3.) Assailing the order passed by the original authority as well as the appellate authority the petitioner has challenged both the orders mainly on the premises that involving the incident the petitioner has lodged an F.I.R. making an allegation against the Range Officer involved in seizure of the truck and further alleging therein that there is rivalry between the petitioner herein and the opposite party no.3-Gopal Chandra Pattanaik. It is also alleged that keeping grudge said Gopal Chandra Pattanaik hatched the conspiracy to facilitate initiation of a forest offence case involving the petitioner, resulting the present litigation. It is also further alleged that even though the petitioner had attempted for supply of necessary document by filing application, the documents have not been supplied to him and even though the petitioner further sought for some time to produce his witnesses in defence, the Authorized Officer did not grant time to the petitioner for examining his witness.