ORISSA AT CUTTACK W.P.(C) No. 26603 of 2025 · Orissa High Court
Case at a glance
Outcome
Disposed of
Accordingly, the Writ Petition is disposed of
Provisions considered
- Odisha Excise Act, 2008 ss. 71(3), 71(5)
Key paragraphs
- Para 66. Accordingly, the Writ Petition is disposed of. Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jan-2026 18:48:04 Sumitra Judge (Dr. Sanjeeb K Panigrahi)
Judgment
Petitioner(s) Represented By Adv. Mr. Nityananda Panda …. Opposite Party(s) Represented By ASC Mr. Sonak Mishra CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 05.01.2026
This matter is taken up through hybrid arrangement.
The Petitioner has filed this Writ Petition challenging the order of dated 26.11.2024 passed by the Authorized Officer-cum-Superintendent of Excise, Cuttack for illegal confiscation of the Okinawa Praise Pro. Electric Scooter having Registration No.OD-05-BL-3739 under Section 71(3) of the Odisha Excise Act, 2008 which was seized by the OIC Nischintakoili Excise Station illegal transportation of 5.850 liters of Beer in connection with P.R. No.34/2024-25 dated 26.06.2024 corresponding to // 2 // 2(a)CC No.215/2024 pending in the court of learned J.M.F.C., Salipur.
Heard.
During course of hearing, learned counsel for the State submits that there is a clear statutory remedy of Appeal available against the impugned order under Section 71(5) of the Odisha Excise Act, 2008. Hence, the Petitioner should approach the concerned Appellate Authority by filing appeal.
In such view of the matter, this Court is not inclined to entertain the prayer made in this Writ Petition. However, considering the request of learned counsel for the Petitioner, the Petitioner is granted liberty to file an appeal along with a petition for condonation of delay, if any, so also a petition for interim protection before the appellate authority. In such event, the appellate authority shall conclude the hearing as expeditiously as possible.
Operative part
Accordingly, the Writ Petition is disposed of. Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Jan-2026 18:48:04 Sumitra Judge (Dr. Sanjeeb K Panigrahi)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition is disposed of
Which statutory provisions did this judgment involve?
Odisha Excise Act, 2008 — ss. 71(3), 71(5).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.