Milu Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

Milu Behera Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of; liberty given to the authorities to proceed in accordance with law regarding the vehicle, and conditional interim release of the petitioner's tipper upon deposit of Rs.50,000/- in cash plus the balance of the demanded amount as property security within 15 days, subject to the authority's final decision.

Issue for consideration

Challenge to the impugned demand notice requiring payment of fine of Rs.2,75,114/- (Annexure-5) for alleged illegal transportation of sand in tipper OD-19-X-3366, raised under Rule 51(iv) of the Odisha Minor Mineral Concession Rules, 2016 by the Divisional Forest Officer, Dhenkanal Division. +1 more

Court's answer

The court disposed of the writ petition without itself adjudicating the legality of the demand notice, granting liberty to the authorities to proceed in accordance with law in respect of the vehicle in question.

Ratio / Principle

Without prejudice to the petitioner's contention, if the petitioner deposits Rs.50,000/- (rupees fifty thousand only) in cash and the remaining amount as property security in respect of the demanded amount per Annexure-5 before the authority within 15 days, along with a certified copy of this order and a copy of the writ petition, his vehicle (tipper OD-19-X-3366) may be released in his favour as an interim measure, subject to the final decision to be taken by the authority.

Detailed headnote1 paragraphs

Orissa High Court (Cuttack), single-member bench (Justice B. P. Routray), order dated 19.03.2026 in W.P.(C) No.2833 of 2026 (Milu Behera v. State of Odisha and others): writ petition challenging a demand notice (Annexure-5) issued by the Divisional Forest Officer, Dhenkanal Division, under Rule 51(iv) of the Odisha Minor Mineral Concession Rules, 2016, for fine of Rs.2,75,114/- over alleged illegal transportation of sand in tipper OD-19-X-3366, was disposed of without adjudication of the notice's legality; authorities were granted liberty to proceed in accordance with law. As an interim measure, the vehicle may be released if the petitioner deposits Rs.50,000/- in cash and the remainder as property security per Annexure-5 before the authority within 15 days, submitting a certified copy of the order and a copy of the writ petition, subject to the authority's final decision.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.2833 of 2026

Milu Behera

…. Petitioner Mr. P.K. Mishra, Advocate

-versus-

State of Odisha and others

…. Opposite Parties Mr. G. Tripathy, A.G.A.

CORAM: JUSTICE B. P. ROUTRAY

ORDER

19.03.2026

Order No.

Heard Mr. P.K. Mishra, learned counsel for the Petitioner and Mr. G. Tripathy, learned Additional Government Advocate for the State-Opposite Parties.

The Petitioner has come up challenging the impugned order of demand notice regarding payment of fine amounting to Rs.2,75,114/- as per Annexure-5, for illegal transportation of sand in the tipper bearing registration number OD-19-X-3366.

As seen from Annexure-5, the office of Divisional Forest Officer, Dhenkanal Division has issued the notice for deposit of fine to the aforementioned tune under Rule 51(iv) of the Odisha Minor Mineral Concession Rules, 2016.

As such, the writ petition is disposed of granting liberty to the authorities to proceed in accordance with law in respect of the vehicle in question. However, without prejudice to the contention of the Petitioner, in the event he deposits a sum of Rs.50,000/-

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 19-Mar-2026 18:16:16

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(rupees fifty thousand only) in cash and the rest amount as property security in respect of the demanded amount as per Annexure-5, before the authority within a period of 15 days from today along with certified copy of this order and a copy of the writ petition, his vehicle may be released in his favour as an interim measure, subject to such final decision to be taken by the authority.

An urgent certified copy of this order be granted on proper application.

( B.P. Routray)

B.K. Barik

Signature Not Verified

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 19-Mar-2026 18:16:16