Manas Ranjan Das Vs. State of Orissa and Three ors. - Court Judgment |
| Civil |
| Orissa High Court |
| Mar-25-2009 |
| B.P. Das and; B.P. Ray, JJ. |
| 2009(I)OLR792 |
| Manas Ranjan Das |
| State of Orissa and Three ors. |
.....agreement between the orissa state financial corporation and the loanee is a pure and simple contract governed by the provisions of the contract act, 1872 read with the provisions in the act, 1951 and its rules. on the other hand, a confiscation proceeding under the act, 1972 is punitive in nature for commission of a forest offence. thus, by virtue of the provision in section 56 read with section 64 (2) of the act, 1972, the action taken for confiscation of the vehicle cannot be extended to grant protection of the loan advanced by orissa state financial corporation. by doing that it amounts to grant premium to the pick-pockets in as much as, by making payment of the confiscation amount in favour of the orissa state financial corporation the loan burden of the accused of the forest offence is reduced to the extent of the sale proceeds of the vehicle. in other words, on payment of the sale proceeds of the confiscation proceeding to the orissa state financial corporation towards discharge of the loan account of the accused of a forest offence, it would lead to a system to reward him by repayment of his loan. then it does not become a penalty nor the action become punitive,..........from 16.12.2008 to 31.03.2009, i.e. for a period of three and half months. now, tahasildar, dhenkanal submits that the aforesaid sairat has already been put to auction and the highest bidder has offered a sum of rs. 1,25,000/-.5. in our considered opinion, as the petitioner has entered into an agreement for the period as aforesaid, the provisions of rule-36 of the orissa minor mineral concession rules, 2004 will not be applicable to the petitioner, but he is entitled to refund the proportionate amount after adjustment of the same for the period he operated the sairat, i.e. from 16.12.2008 to 31.03.2009. let the aforesaid amount be refunded to the petitioner within a period of two weeks from today, failing which the petitioner shall be entitled to the interest on the aforesaid amount, which the state exchequer shall not bear, but the same will be recovered from the officer concerned.6. the writ application is accordingly disposed of. all the misc. cases are disposed of accordingly.
1. Though this matter was listed today for orders, with consent of learned Counsel for both the parties, the same was taken up for final disposal.
2. Heard learned Counsel for the parties.
3. A counter affidavit has been filed by the Tahasildar, Dhenkanal, who is also present in Court.
4. Perused the record supplied by the State Counsel. It is evident from the record, that the petitioner has deposited a sum of Rs. 30,0007-for the Sairat, i.e.. Bhapur Road Metal Quarry No. 111, for the year 2008-09, but an agreement has been executed allotting the said sairat in favour of the petitioner from 16.12.2008 to 31.03.2009, i.e. for a period of three and half months. Now, Tahasildar, Dhenkanal submits that the aforesaid sairat has already been put to auction and the highest bidder has offered a sum of Rs. 1,25,000/-.
5. In our considered opinion, as the petitioner has entered into an agreement for the period as aforesaid, the Provisions of Rule-36 of the Orissa Minor Mineral Concession Rules, 2004 will not be applicable to the petitioner, but he is entitled to refund the proportionate amount after adjustment of the same for the period he operated the sairat, i.e. from 16.12.2008 to 31.03.2009. Let the aforesaid amount be refunded to the petitioner within a period of two weeks from today, failing which the petitioner shall be entitled to the interest on the aforesaid amount, which the State Exchequer shall not bear, but the same will be recovered from the officer concerned.
6. The writ application is accordingly disposed of. All the misc. cases are disposed of accordingly.