Ashok Kumar Samantara v. Soumya Ranjan Mishra, , Executive Officer,Notified Area Council

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No. 441 of 2022 Ashok Kumar Samantara ....

Petitioner Mr. Manoj Kumar Mohanty, Advocate -versusSoumya Ranjan Mishra ....

Opp. Party/ Contemnor Mr. S.D. Routray, Advocate

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. SAHOO ORDER (Oral) 03.11.2022 Hybrid Mode 04.

1. The present contempt has been filed for the alleged Order No.

willful disobedience of the order dated 01.10.2021 passed in W.P.(C)(PIL) No.20639 of 2021.

Upon notice, a compliance affidavit dated 30.10.2022 of the Executive Officer, Notified Area Council, Purusottampur, Dist-Ganjam has been filed in Court. Para-4, 5 and 6 of the same reads as under:- "4. That as per the order of the Collector and District Magistrate, Ganjam, Chatrapur, the present deponent was suggested to alter the openings of the shops towards "south"

away from the present northern direction which currently faces SH-31 and to demolish the steps leading to them.

5. That as per the aforesaid order, the northern side opening of the shops facing SH31 has been closed by constructing walls and the steps also has been demolished. Now, the opening of the shops are towards the south and thereby, the direction passed by this Hon'ble Court dated 01.10.2021 and in terms of the Collector's order dated 29.09.2021 has

// 2 // been complied with. The copies of the photographs showing the opening towards the northern direction and the demolition of the steps is annexed herewith as Annexure-A/1 Series, the copies of the photographs showing the closing of the northern opening by constructing wall is annexed herewith as Annexure-B/1 Series and the photographs showing the opening towards the south is enclosed herewith as Annexure-C/1 Series.

6. That the direction passed by this Hon'ble Court dated 01.10.2021 has been complied and therefore this Hon'ble Court may be pleased to drop the contempt proceeding."

2. In view of the above, counsel for the parties have agreed that the contempt petition has been rendered infructuous.

Accordingly, the contempt petition is disposed of. (Jaswant Singh) Judge (M.S. Sahoo) Judge November 3rd, 2022 Cuttack RRJena/GS