Annapaurna Panigrahi v. Amulya Kumar Jena

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.122 of 2019 Annapurna Panigrahi ....

Petitioner Mr. S.C. Tripathy, Advocate -versus- Amulya Kumar Jena (O.R.S) and Another ....

Contemnors/Opp.Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. RAMAN Order No.

ORDER (Oral) 22.07.2022 03.

1.

This matter is taken up through virtual/physical mode.

2.

The W.P.(C) No.17357 of 2014 filed by the petitioner was disposed of vide order 17.05.2018 with a direction remitting the issue of conversion of land use from forest land to homestead land of the lease hold rights purchased by the petitioner from the original vendor, back to the Assistant Settlement Officer to make the necessary corrections in the Record of Rights under the Orissa Survey and Settlement Act, 1959 within a period of three months from the date of communication of the order.

3.

Since the needful was not done within the stipulated time hence the present contempt.

4.

Upon notice, a show cause reply dated 18.04.2019 of Sri Nityananda Panda, Settlement

// 2 // Officer, Cuttack has been filed. Para 8 of the same reads as under:- "On enquiry the Assistant Settlement Officer, Rental Colony has reported vide his Office Memo No.46 dtd.23.03.2019 that the order dated 17.05.2018 of this Hon'ble Court passed in W.P.(C) No.17357 of 2014 has already been complied and disposed of since 22.12.2018. Copy of the Memo No.46 dtd.23.03.2019 along with the copy of order passed by A.S.O., Rental Colony is annexed herewith as Annexure-A/2."

5.

In view of the above, it is contended that in compliance of the directions passed by this Court the required order was passed way back on 22.12.2018 in presence of the learned counsel for the petitioner and the order was duly communicated, however upon the insistence of the learned counsel for the petitioner, Mr. Samantaray, learned AGA undertakes to supply another copy of the order dated 22.12.2018 within one week from today.

6.

In view of the above, nothing survives in the present contempt proceedings. Accordingly the CONTC is disposed of as infructuous.

(Jaswant Singh) Judge (M.S. Raman) Judge Basudev 22nd July, 2022 Cuttack