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2023 Supreme(Ori) 316

IN THE HIGH COURT OF ORISSA AT CUTTACK
CHITTARANJAN DASH
Bipin Bihari Padhan – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Niranjan Panda, Advocate
For the Respondent: Mr. Debasish Biswal, ASC

ORDER :

CHITTARANJAN DASH, J.

1. Heard learned counsel for the Petitioner and the State.

2. By means of this application the Petitioner seeks indulgence of this Court for issuance of a Writ of Mandamus directing the Forest Officials for release of the vehicle, i.e. Tractor bearing Registration No. OR-17-D-5781 and its Trolley bearing Registration No. OR-17- D-5782, in compliance with the direction issued by the S.D.J.M., Biramaharajpur in CMA No.06 of 2021, which was affirmed vide order dated 15.03.2023 passed by the learned Sessions Judge, Subarnapur in Criminal Revision No.10 of 2021.

3. The factual matrix giving rise to the present application are that, on 27.01.2021 at about 12.46 P.M. while the Forest Staff of Biramaharajpur Range Forest Area were performing patrolling duty inside Butukhaman Reserved Forest, seized the vehicle, i.e. Tractor bearing Registration No. OR-17D-5781 having Chassis No.37515 and Engine No.304221 and Trolley bearing Registration No. OR-17D-5782 having Chassis No. SSEW1317 engaged in breaking of forest land and transporting the forest produce without having any Transit Permit in the Reserved Forest, and accordingly registered a Forest Offence Case, vide OR

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