JUDGMENT

I. MAHANTY, J. — The petitioner-Rabinarayan Sahu in this writ application has sought to challenge an order of confiscation dated 19.4.2007 passed by the Authorized Officer-cum-District Forest Officer, Southern Division, Ghumusar, Bhanjanagar (O.P.3) as well as the judgment dated 24.9.2007 delivered by the learned District Judge, Ganjam-Gajapati, Berhampur in F.A.O. No.18 of 2007 confirming the aforesaid order of confiscation of the peti¬tioner’s Tractor bearing Registration No.OR-07-K 9335 along with a trolley bearing Registration No.OR-07-K 9336.

2. The main contention advanced by Mr. Das, learned coun¬sel appearing for the petitioner is that the confiscation pro¬ceeding as well as the appellate order stand vitiated since the statutory enquiry contemplated under Rule-4 of the Orissa Forest (Detection, Enquiry and Disposal of Forest Offence) Rules, 1980 (in short “1980 Rules”) has not been complied with. Rule 4 of Orissa Forest (D.E.D. of F.O.) Rules, 1980 reads as follows :

“4. Enquiry - (1) When a forest offence is detected, a preliminary enquiry, may be held by a Forester in charge of the section who shall forward his enquiry report along with the report in Form No.1 t