Allowed

Itishree Nayak v. Collector Cum Dm, Balasore

Orissa HC17 Feb 2023WP(C)/344/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought release of her vehicle detained by the Tahasildar for alleged illegal transportation of agricultural equipment. The court noted the absence of a seizure list and questioned the Tahasildar's authority, directing the release of the vehicle forthwith.

What did the court decide?

Direction to the Tahasildar, Jaleswar to release the petitioner's vehicle bearing Registration No. OD-05-L-6411 forthwith upon production of certified copy of the order.

Itishree Nayak Vs Collector Cum Dm… — Constitutional and Fundamental Rights | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) NO. 344 OF 2023

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Itishree Nayak

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…. Petitioner

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Mr. Nila Madhab Praharaj, Advocate -versus-

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…. Collector-cum-District Magistrate, Opp. Parties Balasore and others

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Mr. A.R. Dash, Additional Government Advocate

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CORAM:

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JUSTICE K.R. MOHAPATRA ORDER

Order No.

17.02.2023

This matter is taken up through hybrid mode.

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The Petitioner in this writ petition prays for a direction to the Tahasildar, Jaleswar-Opposite Party No.3 to release her vehicle bearing Registration No. OD-05-L-6411.

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Mr. Praharaj, learned counsel submits that the aforesaid vehicle of the Petitioner is being used for commercial purpose and she earns her livelihood from the said vehicle. On 25^th September, 2022, the Tahasildar, Jaleswar forcibly detained the vehicle of the Petitioner and instructed the driver to park the vehicle in his office campus. Neither the driver of the Petitioner was informed about the offence committed nor any seizure list was handed over to the Petitioner for detaining the vehicle. In spite of her request, the vehicle has not yet been released. Hence, this writ petition has been filed for the aforesaid relief.

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Taking into consideration the submission made by learned counsel for the Petitioner, this Court vide order dated 10^th January, 2023 directed learned State Counsel to take instruction in the matter. The Tahasildar, Jaleswar-Opposite Party No.3 has filed an affidavit dated 15^th February, 2023,

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wherein it has been stated that on 26^th September, 2022, the Tahasildar, Jaleswar on receiving public grievance reached at the spot. During visit, he found that the vehicle of the Petitioner was loaded with agricultural equipments, namely, Mandawa Weeder and asked the driver of the vehicle to show the documents of the concerned authorities regarding transportation of Government agricultural equipments. But the driver of the vehicle could not produce any document. Consequently, said vehicle loaded with agricultural equipments was held up and kept in the premises of the office of Tahasildar, Jaleswar. Said incident has already been reported to the Collector-cum-District Magistrate, Balasore vide Letter No.4439 dated 26^th September, 2022. Subsequently, the District Agriculture Officer, Jaleswar enquired into the matter on 28^th September, 2022 and submitted his report. In his report, it has been categorically stated that “ the leftover stock at sale centre might have been illegally shifted by the A.O. Sale Centre Sri Mayadhar Das by the vehicle dated 26^th September, 2022 which was held up by Tahasildar, Jaleswar with loaded implements from the old Sale Centre campus, Jaleswar ”. Upon receipt of the communication, the Tahasildar, Jaleswar has sought for instruction vide his Letter No.5633 dated 5^th December, 2022 requesting to short out the dispute. But no response has yet been received from the Collector, Balasore. The Tahasildar, Jaleswar has also filed an F.I.R. on 12^th February, 2023 before the I.I.C., Jaleswar P.S., which has been registered as Jaleswar P.S. Case No. 59 of 2023 under Sections 294/506/186/379/411/409/420/34 I.P.C. and investigation is

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going on. Hence, the vehicle of the Petitioner is still kept in the campus of Tahasil Office, Jaleswar.

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On perusal of the F.I.R. annexed to the affidavit as Annexure-B/3, it does not appear that the vehicle of the Petitioner has been kept under seizure.

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Mr. Dash, learned Additional Government is also not in a position to address the Court regarding authority of the Tahasildar, Jaleswar to detain the vehicle of the Petitioner for such a long time. No seizure list has also been handed over to the Petitioner at the time of detaining the vehicle.

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It is submitted by learned counsel for the Petitioner that due to seizure of the vehicle, the Petitioner is virtually starving for being deprived of her livelihood.

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In view of the above, this Court disposes of this writ petition with a direction that the vehicle of the Petitioner bearing Registration No.OD-05-L-6411 shall be released in favour of the Petitioner forthwith by the Tahasildr, JaleswarOpposite Party No.3 on production of certified copy of this order. The Petitioner is also at liberty to claim damages from the concerned authority in accordance with law, who has detained the vehicle without any authority of law.

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Urgent certified copy of this order be granted on proper application.

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bks

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Itishree Nayak v. Collector Cum Dm, Balasore

Case brief

What is this about?

What did the court decide?

Itishree Nayak v. Collector Cum Dm, Balasore

Case brief

What is this about?

What did the court decide?

What the court decided

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