ORISSA HIGH COURT ISSUES ORDER ON BISWAJIT SAHOO V/S STATE OF ODISHA AND OTHERS

CUTTACK, India, May 26 -- Orissa High Court issued the following order on April 23:

1. Heard Mr. G. Mohanty, learned Advocate for the Petitioner and Mr. T.K. Dash, learned Additional Government Advocate for StateOpposite Parties.

2. The Petitioner has prayed for release of his vehicle, i.e. Ashok Leyland Tipper bearing Regd. No.OD-05-BG-8349 which was allegedly seized by the Opposite Parties without preparing any seizure list and without any intimation given to the Petitioner.

3. The contention of the Petitioner is that his vehicle, as stated above, was seized by the Officer-in-charge of Subarnapur Beat House under Banki Police Station in the night between 27.11.2025 & 28.11.2025 for alleged transportation of minor mineral. Subsequently a challan receipt dated 29.12.2025 was issued by the Transport Department (Enforcement Branch) at Cuttack Office imposing fine for violation of Section 194(2), 196, 192 & 192(A). It is stated that the Petitioner has paid the fine amount of Rs.57,000/- immediately thereafter, as mentioned in Annexure-2. It is further stated that the Petitioner has also cleared the MV tax amounting to Rs.94,500/- on 2 nd December 2025. But till now, the vehicle of the Petitioner was not released by the authorities.

4. A counter affidavit has been filed by Opposite Parties 5 & 6, i.e. the Deputy Director of Mines and the Mining Officer, Cuttack stating that the vehicle in question was admittedly transporting illegal sand without any transit pass and as such seized as per the joint enforcement held in the night between 27.11.2025 & 28.11.2025. It is submitted that the seizure of the vehicle was effected in terms of the Rule 51(1)(ii) of the Odisha Minor Mineral Concession Rules, 2016 and accordingly the demand for compounding fee was issued in respect of the vehicle as per Annexure-C/6. The same was sent to the Petitioner on 19.02.2026 requesting for compounding with the penalty amount of Rs.4,05,326/-. It is further submitted that the Petitioner has not paid the said compounding fees nor approached to the Mining authority in terms of the compounding notice issued under Annexure-C/6.

5. Mr. Mohanty, learned counsel for the Petitioner submits that the detention of the vehicle is illegal one since the Petitioner has cleared all the fine amount demanded in terms of Annexure-2 series and such notice for compounding fees with penalty which was issued much after seizure of the vehicle cannot stand in the legal scrutiny as a valid one authorizing detention of the vehicle of the Petitioner. Mr. Mohanty, further relies a decision of the co-ordinate Bench dated 17.10.2025 passed in W.P.(C) No.23888 of 2025 to submit that at no circumstances the authorities should detain the vehicle indefinitely.

6. Mr. T.K. Dash, learned A.G.A. on the other hand submits that the Officer-in-charge of Subarnapur Beat House under Banki Police Station is an Authorized Officer under Rule 51 of the OMMC Rules to seize the vehicle for illegal transportation of minor mineral.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv0nt877tksILYmC8xUy%2FMfsSEdsKv03DYlmLveTuuWVX&caseno=WP(C)/888/2026&cCode=1&cino=ODHC010009452026&state_code=11&appFlag=)

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