Madhuban Patel v. Surendra Kumar

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.198 of 2020 Madhuban Patel ....

Petitioner Mr. Bijaya Behera, Advocate -versusMr. Surendra Kumar, Secretary, Department of Water Resources, Govt. of Odisha and Another.

....

Contemnors/ Opposite Parties MMr Mr. L. Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. SAHOO ORDER (Oral) 08.02.2022

2. 1. This matter is taken up through Hybrid Mode. Order No.

2. Heard learned counsel for the Opposite Parties.

3. It is claimed that the compensation for the lands of the petitioner acquired for executing the Lower Indra Irrigation Project, Khariar in the district of Nuapada has not yet been disbursed inspite of the positive directions to sanction the amount at an early stage vide order dated 30.07.2019 passed by this Court.

4. Mr. L. Samantaray, learned Additional Government Advocate for Contemnors/Opposite Parties upon instructions states that the amount could not be disbursed due to non-availability of funds in the relevant head. He states that in the next budget allocation, due provision towards disbursement of the compensation shall be made and the entire compensation dues shall be positively released to the petitioner by the end of May, 2022.

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5. In view of the stand of the Contemnors/Opposite Parties made through the learned counsel for the State, learned counsel for the petitioner submits that he has no objection, if the contempt is disposed of at this stage. He, however, prays for liberty to revive the Contempt Petition by making application, in case the payment is not released, as stated by the learned Additional Government Advocate for the Contemnors/Opposite Parties.

6. In view of the above, the Contempt Petition is disposed of as infructuous with the liberty as aforesaid. (Jaswant Singh) Judge (M. S. Sahoo) Judge February 8th, 2022 Cuttack.

Basudev