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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the authorities to proceed in accordance with law in respect of the vehicle; vehicle to be released to the petitioner as an interim measure upon deposit of Rs.40,000/- in cash and the balance of the demanded amount as property security as per Annexure-3 within 15 days, subject to final decision by the authority.

Issue for consideration

Challenge to the demand notice requiring payment of compounding fee of Rs.3,05,331/- for alleged illegal transportation of sand in Hyva Truck bearing registration number OD-09-J-9131, and the release of the vehicle.

Court's answer

The writ petition is disposed of, 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 contentions, the vehicle may be released if, within 15 days from the order and along with certified copy of the order and a copy of the writ petition, he deposits Rs.40,000/- in cash and the rest of the demanded amount as property security as per Annexure-3 before the authority.

Key takeaways

Any such release of the vehicle in favour of the petitioner is an interim measure only, subject to the final decision to be taken by the authority.ratio¶22

Detailed headnote1 paragraphs

Writ petition under Article 226 jurisdiction of the High Court of Orissa challenging a demand notice (Annexure-2) issued by the office of the Deputy Director of Mines, Jagatpur for compounding fee of Rs.3,05,331/- for alleged illegal transportation of sand in Hyva Truck bearing registration number OD-09-J-9131. Held: writ petition disposed of granting liberty to the authorities to proceed in accordance with law in respect of the vehicle; without prejudice to the petitioner's contentions, the vehicle may be released as an interim measure if the petitioner deposits Rs.40,000/- in cash and the rest of the demanded amount as property security as per Annexure-3 before the authority within 15 days, along with certified copy of the order and copy of the writ petition, subject to final decision by the authority.

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-May-2026 18:43:00

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.9952 of 2026

Smrutiranjan Behera

…. Petitioner

Mr. M.C.Jena, Advocate

-versus-

State of Odisha and Others

…. Opposite Parties

Mr. U.R.Jena, AGA

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER 13.05.2026

Order No.

Heard Mr. Jena, learned counsel for the Petitioner and Mr. Jena, learned AGA for State opposite parties.

The petitioner has come up challenging the impugned order of demand notice regarding payment of compounding fee amounting Rs.3,05,331/- as per Annexure-2, for illegal transportation of sand in the Hyva Truck bearing registration number OD-09-J-9131.

As seen from Annexure-2, the office of Deputy Director of Mines, Jagatpur has issued the notice for deposit of compounding fee to the aforementioned tune.

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.40,000/- (Forty thousand only) in cash and the rest amount as property security in respect of the demanded amount as per Annexure-3, 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

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Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-May-2026 18:43:00

released in his favour as an interim measure, subject to final decision to be taken by the authority.

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

( B.P. Routray) Judge

S.Das

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