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2025 DAILYLAW 4335 (ORI)

RABINDRA NATH MOHANTY v. STATE OF ODISHA

WP(C)/26603/2025 · 2026-01-05

S K Panigrahi

Writ Petition (Civil)body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26603 of 2025 Rabindra Nath Mohanty …. Petitioner(s) Represented By Adv. Mr. Nityananda Panda -versus- State of Odisha & Ors. …. Opposite Party(s) Represented By ASC Mr. Sonak Mishra CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. ORDER 05.01.2026 05. 1. This matter is taken up through hybrid arrangement. 2. 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 for illegal transportation of 5.850 liters of Beer in connection with P.R. No.34/2024-25 dated 26.06.2024 corresponding to p. 2 p. 2 2(a)CC No.215/2024 pending in the court of learned J.M.F.C., Salipur. 3. Heard. 4. 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. 5. 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. 6. Accordingly, the Writ Petition is disposed of. (Dr. Sanjeeb K Panigrahi) Judge Sumitra