O.S.F.C. v. State

OJC No.8890 of 1998

1. 8.09.2020 Heard learned counsel for the petitionerOdisha State Financial Corporation through Video Conferencing mode.

1. Petitioner-Odisha State Financial Corporation in this writ petition assails the judgment and order dated 09.05.1997 (Annexure-1) passed by the District Judge, Keonjhar in Misc. Appeal No.18 of 1990, whereby the learned District Judge, Keonjhar dismissed the appeal (Misc. Appeal No.18 of 1990) filed under Section 56 (2)(e) of the Odisha Forest Act, 1972 (for short, ‘the Act’), directed against the order of confiscation of vehicle (Truck) bearing ORJ-8205, which was involved in commission of offence under the Odisha Forest Act, 1972.

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1. Learned counsel for the petitioner submits that the opposite party No.5, namely, Sk. Abdul Sattar, purchased the truck bearing registration No.ORJ 8205 availing loan from the petitionerCorporation. The truck was seized by the forest officials alleging involvement in a forest offence under Section 56 of the Act. The Authorized Officer-cumAsst. Conservator of Forest, Keonjhar Division, Keonjhar (OP No.4), without issuing any notice to the petitioner-Corporation, confiscated the truck by order dated 24.10.1990. Assailing the same, the petitioner-

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Corporation preferred appeal under Section 56(2) (e) of the Act before the learned District Judge, Keonjhar, which was dismissed vide order under Annexure-1. It is his submission that the O.S.F.C. is entitled to take delivery of possession of the Truck bearing Registration No.ORJ-8205 as the said vehicle was purchased by the registered owner taking financial assistance from the Corporation.