ORDER

22.8.2005 — Heard learned counsel for the petitioner and the learned Addl. Government Advocate.

The petitioner was before this Court in W.P.(Crl.) No. 206 of 2005. The said writ application was disposed of by the order dated 4.6.2005 with a direction to Opp. Party No. 2 therein to dispose of the application of the petitioner dated 30.4.2005 filed under Section 17 of the Orissa Minerals (Prevention of Theft, Smuggling and Other Unlawful Activities) Act, 1988 (hereinafter referred to as “the Act”) within a period of two weeks from the date of receipt of certified copy of the said order from the petitioner.

The grievance of the petitioner in the present writ application is that in spite of the said specific order passed by this Court to dispose of the application filed by the petitioner under Section 17 of the Act for release of the seized Truck in his favour, the authority under the Act without disposing of the said application and misinterpreting the order of this Court passed orders under Section 16 (3) of the said Act directing confiscation of the Truck alongwith the alleged quantity of coal found therein.

Mr. B. P. Ray, learned counsel for the petitioner submits that the sa