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Orissa High CourtCONTC/237/2020disposed off

Chitta Ranjan Sahoo v. Secretary,Bhubaneswar Development Authority

2022-09-27Mr. Justice Jaswant Singh,Mr. Justice Murahari Sri Raman2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.237 of 2020 Chitta Rajan Sahoo ....

Petitioner Mr. Laxmi Narayan Patel, proxy counsel on behalf of Mr. H.S. Satapathy, Advocate -versusSecretary Bhubaneswar Development Authority ....

Opposite Party Mr. M.R. Pradhan, proxy counsel on behalf of Mr. Dayananda Mohapatra, Advocate

CORAM:

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

ORDER (Oral) 27.09.2022 08.

This matter is taken up by virtual/physical mode. 1.

This Court vide order dated 12th December, 2019 while disposing of the writ appeal bearing number WA No. 295 of 2015 directed as follows:- "xxx xxx xxx xxx In view of the above, since the findings of the learned Single Judge is perverse, palpably unreasonable or inconsistent with any particular provision of law, we set aside the impugned order and direct respondent no.1Bhubaneswar Development Authority to regularize the service of the appellant in the post of Driver from the date his junior namely Sudhir Kumar Behera-respondent No. 3 was regularized, as expeditiously as possible, on production of certified copy of this order. In case the post is not available, the last person is to be taken care of by adjusting the appellant."

2.

In this contempt petition, the Petitioner has alleged that the Opposite Party- Secretary, Bhubaneswar Development Authority

// 2 // has not yet carried out the order and direction dated 12th December, 2019 passed by this Court in W.A. No. 295 of 2019. 3.

Mr. M.R. Pradhan, proxy counsel appearing for Sri Dayananda Mohapatra, Advocate for the Opposite Party states that the order dated 12th December, 2019 passed by this Court in W.A. No. 295 of 2019 has been complied with. A compliance affidavit sworn to by Sri Kabindra Kumar Sahoo, Secretary, Bhubaneswar Development Authority came to be filed explaining the compliance of order dated 12th December, 2019 in the aforesaid writ appeal. This Court finds no willful disobedience in compliance of order passed in writ appeal.

4.

In view of the above, the CONTC is disposed of. (Jaswant Singh) Judge (M.S. Raman) Judge Aks September 27, 2022 Cuttack