The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.29145 of 2024 Suvendu Mohan Rout …. Petitioner Mr. Akshyaya Kumar Pandey, Advocate -versus- State of Odisha and others …. Opposite Parties
Legal Reasoning
Mr. Ashok Kumar Apat, AGA Mr. Satya Smruti Mohanty, Advocate for O.P.6 Order No. 05.
Decision
CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN ORDER 10.12.2024 This matter is taken up through Hybrid Mode. 2. On 26.11.2024, the following order was passed by this Court:- “2. Learned counsel appearing for the petitioner complained that having no fault of the owner of the vehicle, the opposite party no.5-I.I.C., Champua Police Station, Keonjhar has detained the vehicles along with the goods carried thereon since 17.09.2024 in the guise of seizure. 2.1. He further submitted that if there is any defect in the documents relating to goods, the same can be unloaded and the vehicle can be released. 3. At this stage, learned Additional Government Advocate appearing for the State-opposite parties seeks short accommodation to obtain instructions in this matter. 4. “for Orders”.” List this matter on 29.11.2024 under the heading Page 1 of 5 3. On 29.11.2024, the following further order was passed by this Court in the present case:- “2. Mr. Satya Smruti Mohanty, learned counsel for the opposite party no.6 submitted that the goods loaded in the seized vehicle belongs to ESL Steel Limited. 3. Mr. Ashok Kumar Apart, learned Additional Govt. Advocate submitted that the goods along with vehicle are now under the custody of Deputy Director Mines, Koira a week’s accommodation to obtain instruction with regard to possibility of release of vehicle upon unloading the goods after weighing the goods and keeping them in safe custody. 4. List this matter on 06.12.2024.” Sundargarh, seeks and he 4. Mr. Ashok Kumar Apat, learned Additional Government Advocate furnished copy of instruction vide Letter No.3771/Mines, dated 03.12.2024 as supplied by the Deputy Director of Mines, Joda Circle, Joda in the district of Keonjhar, the relevant portion of which reads as follows:- “With reference to the letter on the above cited subject, this is to inform that as per the intimation received from the IIC, Champua P.S. vide his letter dated 28.09.2024, the truck bearing Registration number OD04L-8666 carrying minerals from Rengalibeda-Nadikasira Iron Mines of ESL Steel Ltd, under Koira Circle loaded with iron-ore fines was detailed at Remuli by the Champua Police on Dt.17.09.2024 on suspicious ground for illegal transportation of iron ore fines from Koira to Paradeep. On receipt of intimation from the Champua Police, the mineral sample from the detained truck was collected and analysed at Government Laboratory, Joda to get the Fe content of the sample so drawn. After getting analysis report from DDCA, Joda vide letter dated 8882/Dt.19.09.2024, discrepancies in the grade of Page 2 of 5 minerals noticed as compared to the grade mentioned in the transit passes issued to the vehicles. The IIC, Champua handed over the vehicle for custody, which is now kept within the office premises of O/o the DDM, Joda Circle, Joda. The vehicle along with loaded minerals seized on Dt.30.09.2024 by the Mining Officer of this Office. Thereafter, the matter was intimated to the Deputy Director of Mines, Koira vide this office letter No.3281/Mines, Dt.05.10.2024. The DDM, Koira on verifying the matter and conducting further analysis of the mineral from the stack at Rengalibeda-Nadikasira Iron Mines of ESL Steel Ltd., found grade of that stack higher than the grade on the basis of which permission for dispatch was granted and the lessee was demanded for Rs.83,03,419/- towards differential Government dues by the DDM, Koira. The same has been intimated to this office vide letter No.6294/ Dt.30.11.2024 by the DDM, Koira. This is pertinent to mention here that, as the disciplinary action on the lessee has already taken and Government dues has been demanded, there is no objection from the part of the undersigned regarding the release goods/minerals within the premises of this office for keeping those in safe custody.” unloading vehicle upon the of 5. Mr. Satya Smruti Mohanty, learned counsel for M/s. ESL Steel Limited (opposite party no.6) submitted that the mineral loaded on the vehicle bearing Registration No.OD-04-Q-6719 belongs to ESL Steel Limited. He further submitted that the Company has no objection if the vehicle is released from the custody of the Deputy Director of Mines, Joda Circle, Joda after weighing the goods and keeping them in safe custody. 6. Mr. Aksyaya Kumar Pandey, learned counsel for the petitioner submitted that since the vehicle has been detained since Page 3 of 5 17.09.2024, the permit of the vehicle has been lapsed on 14.11.2024. In the event the vehicle is released after weighing the goods as submitted by Mr. Satya Smruti Mohanty, learned counsel for the ESL Steel Limited, the Deputy Director of Mines, Joda Circle, Joda is required to be directed to facilitate the movement of vehicle to the Office of Regional Transport Officer, Chandikhole for the purpose of renewal and/or extending the validation of certificate of fitness. 7. In view of the aforesaid submission of counsel for the respective parties and taking into consideration the instructions supplied by the Deputy Director of Mines, Joda Circle, the following directions are issued that:- (i) the Petitioner, the Authorised Officer of M/s. ESL Steel Limited and the Deputy Director of Mines, Joda Circle, Joda or his authorised officer shall remain present on or before 13.12.2024 for the purpose of weighment of the goods loaded on goods carrier vehicle bearing Registration No.OD-04-Q-6719; (ii) the Deputy Director of Mines, Joda Circle, Joda shall keep the goods in safe custody and furnish acknowledgement to M/s. ESL Steel Limited; (iii) After unloading the goods, the vehicle shall be released forthwith in favour of the petitioner; (iv) the Deputy Director of Mines, Joda Circle, Joda shall facilitate the movement of the vehicle to the Office of Regional Transport Officer, Chandikhole to enable the petitioner to renew and/or extend the validation of certificate of fitness of the vehicle bearing Registration No.OD-04-Q-6719; and Page 4 of 5 (v) the cost of unloading shall be borne by M/s. ESL Steel Limited. 8. Needless to observe that after the proceedings under Odisha Minerals (Prevention of Theft, Smuggling & Illegal Mining and Regulation of Possession, Storage, Trading and Transportation) Rules, 2007 are concluded by the authority concerned, it is open for M/s. ESL Steel Limited to receive back the stored goods from the custody of the Deputy Director of Mines, Joda Circle, Joda in the event of success. 9. At this juncture Mr. Akshyaya Kumar Pandey, learned Advocate seeks for issue of mandamus granting compensation for detaining the aforesaid vehicle since September, 2024. This Court is afraid to accede to such oral prayer being made by the counsel for the petitioner for grant of such relief. However, it is open for the petitioner to approach the appropriate forum for ventilation of such grievance, if he is so advised. 10. With the aforesaid observation and direction, the writ petition stands disposed of. Laxmikant Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 10-Dec-2024 17:16:25 (M.S. Raman) Judge Page 5 of 5