Location: ORISSA HIGH COURT, CUTTACK Date: 13-Mar-2025 17:54:08 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 32977 of 2023 (In the matter of an application under Articles 226 and 227of the Constitution of India, 1950).

Authorised Officer-cum-Assistant …. Petitioner(s)

Conservator of Forest, Bargarh Forest Division -versus-

Digeswar Bisi …. Opposite Party (s)

Advocates appeared in the case through Hybrid Mode:

For Petitioner(s) : Ms. Gayatri Patra, ASC For Opposite Party (s) : Mr. Debendra Ku. Dhar, Adv.

CORAM:

DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-19.02.2025 DATE OF JUDGMENT:-13.03.2025 Dr.S.K. Panigrahi, J.

1. The Petitioner, in the present Writ Petition is challenging the order dated 30.06.2023 passed by the learned Additional District Judge, Bargarh in F.A.O. No. 16/26 of 2021-22.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

Location: ORISSA HIGH COURT, CUTTACK

Date: 13-Mar-2025 17:54:08 (i) During a routine patrol near Turla village, the Forest Staff of Paikmal Range intercepted a Swaraj Tractor bearing the Registration No. CG- 06GK-1758, along with a trolley, loaded with 60 non-sal poles and 3 axes at approximately 7:30 PM on 26.10.2019.

(ii) Upon inquiry, the driver and the three other individuals present in the vehicle failed to produce valid documents authorizing the transportation of the 60 non-sal poles.

(iii) Consequently, the Forester of Jharbandh Section seized the vehicle and its load, preparing a seizure list in the presence of available witnesses. The seized produce was kept in his Zimanama and the logs were branded using the seized hammer No.SEIZED- 17 of Bargarh Forest Division.

(iv) A forest offence case was subsequently registered as OR No. 74 of 2019-

20 under Paikmal Range for violations of Rules 4, 12, and 14 of the Orissa Timber and Orissa Forest Produce Transit Rules, 1980, which attracts the provisions under Section 56 of the Orissa Forest Act, 1972. The accused persons were produced before the S.D.J.M., Padampur in 2 (b) CC No.24 of 2016.

(v) The Forester of Jharbandh conducted an inquiry and submitted a report along with the case record and supporting documents to the Range Officer, Paikmal. After conducting his own inquiry, the Range Officer forwarded a final report to the Divisional Forest Officer (DFO), Bargarh, recommending the initiation of confiscation proceedings against the seized vehicle.

Location: ORISSA HIGH COURT, CUTTACK

Date: 13-Mar-2025 17:54:08 (vi) Based on this report, the DFO, Bargarh, appointed the Assistant Conservator of Forests, Bargarh, as the Authorised Officer to initiate confiscation proceedings.

(vii) After following due procedure, the Authorised Officer-cum-Assistant Conservator of Forests, Bargarh, confiscated the vehicle and the forest produce vide order dated 29.09.2021.

(viii) Aggrieved by this order, the Opposite Party filed an appeal in F.A.O.

No. 16 of 2021 before the District Judge, Bargarh, who subsequently transferred the matter to the Additional District Judge, Bargarh, where it was re-registered as F.A.O. No. 16/26 of 2021-2022.

(ix) After hearing both parties and examining the records, the Additional District Judge, Bargarh, by order dated 30.06.2023, directed the release of the confiscated Swaraj Tractor and trolley. It was observed that no forest official had verified the claimed plot, nor did any official report specify the exact location from which the timber was felled.

(x) Aggrieved by the order dated 30.06.2023, the petitioner has filed this writ petition before this Court, seeking to quash the impugned order on the grounds that it is illegal, arbitrary, and unsustainable in law.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER

3. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The petitioner contended that the impugned order dated 30.06.2023, passed by the Additional District Judge, Bargarh in F.A.O. No. 16/26 of 2021-22, is illegal, erroneous, contrary to law and passed witho