Disposed¶16

Alekha Chandra Das v. State of Odisha

Orissa HC9 Mar 2026WP(C)/5668/2026

Case brief

AI extract

What is this about?

Vehicle seizure illegal sand transportation Sairat Source valid permit Hyva OD-29-R-0724 Odisha Minor Mineral Concession Rules 2016 penalty challan Annexure-3 29 January 2026 Annexure-2 50% penalty deposit conditional release without prejudice competent authority disputed questions of fact disposal of writ petition High Court of Orissa Cuttack Alekha Chandra Das State of Odisha B.P. Routray

What did the court decide?

Writ disposed of permitting the petitioner to approach the competent authority; conditional interim release of vehicle OD-29-R-0724 ordered upon deposit of 50% of the penalty amount charged per challan (Annexure-3, dated 29th January 2026), without prejudice to the contentions of the parties and subject to the competent authority's final decision. ¶16

Alekha Chandra Das Vs State of Odisha — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner's vehicle OD-29-R-0724, seized for alleged illegal transportation of sand without a permit, can be released to him despite the pending proceeding and penalty under the Odisha Minor Mineral Concession Rules, 2016. +1 more

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Court's answer

On counsel's submission, the Court directs that upon the petitioner's deposit of 50% of the penalty amount charged against the vehicle as per the challan under Annexure-3 dated 29th January 2026, the vehicle shall be released in his favour without prejudice to the contentions of the parties and subject to the final decision of the competent authority.

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Ratio / Principle

The writ petition is disposed of, permitting the petitioner to approach the competent authority, because the matter involves disputed questions of fact; the Court does not adjudicate the factual dispute itself.

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Detailed headnote1 paragraphs

Writ Petition (WP(C) No.5668 of 2026, High Court of Orissa, decided 09.03.2026 by B.P. Routray, J.): Petitioner's Hyva vehicle (Regn. OD-29-R-0724) was seized on the allegation of illegally transporting sand from a Sairat Source without a valid permit, which the petitioner claimed occurred without his knowledge; a consequential proceeding under the Odisha Minor Mineral Concession Rules, 2016 was pending with a penalty charged by challan (Annexure-3, dated 29.01.2026). Finding the matter involved disputed questions of fact, the Court did not decide it on merits but disposed of the writ directing the petitioner to approach the competent authority, and, on counsel's request, directed interim release of the vehicle upon deposit of 50% of the penalty amount, without prejudice to the parties' contentions and subject to the competent authority's final decision. No precedents were cited or relied upon.

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Mar-2026 18:14:47

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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.5668 of 2026

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Alekha Chandra Das

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&. Petitioner Mr. R.K.Das, Advocate

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-versus-

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State of Odisha and Others

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&. Opposite Parties Mr. U.R.Jena, AGA

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CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

09.03.2026

Order No.

Heard Mr. Das, learned counsel for the petitioner and Mr. Jena, learned AGA for State 3 opposite parties.

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It is submitted that the vehicle of the Petitioner bearing registration number OD-29-R-0724 (Hyva) have been seized on the allegation of illegal transportation of sand, which is without the knowledge of the owner. It is further submitted that the vehicle was not transporting any sand extracted from any Sairat Source.

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Mr. U.R.Jena, learned AGA submits on the other hand that as per the seizure list, the vehicle was seized loaded with illegal sand transported from the Sairat Source without valid permit. Having heard both parties and considering respective submissions as well as the circumstances of the case, the writ petition is disposed of permitting the Petitioner to approach the competent authority, since the matter is found involving disputed questions of fact.

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At this stage, Mr. Das, learned counsel for the Petitioner submits that the consequential proceeding under the Odisha Minor Mineral Concession Rules, 2016 is pending in respect of the vehicle

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Page 1 of 2

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Signature Not Verified

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S.Das

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Mar-2026 18:14:47

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and the vehicle may be released in his favour subject to deposit of 50% of the penalty amount as per Annexure-2.

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Accordingly, it is directed that in the event the petitioner deposits 50% of the penalty amount charged against the vehicle, as per the challan under Annexure-3 dated 29^th January 2026, the vehicle may be released in his favour without prejudice to the contentions of the parties and subject to the final decision to be taken by competent authority.

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( B.P. Routray) Judge

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Alekha Chandra Das v. State of Odisha

Case brief

What is this about?

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Alekha Chandra Das v. State of Odisha

Case brief

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What the court decided

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