Binapani Behera v. Pradeep Kumar Sahoo,Oas

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC NO. 977 OF 2022 Binapani Behera ....

Petitioner Ms. Manasi Panda, Advocate -versusPradeep Kumar Sahoo, Tahasildar, Bhubaneswar ....

Opp. Party Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.04.2022

2. 1.

This matter is taken up through hybrid mode.

2.

The Petitioner alleges non-compliance of the order dated 25th March, 2021 passed in W.P.(C) No. 9753 of 2021. 3.

This Court vide order dated 25th March, 2021 disposed of the said writ petition with the following order: "xxx xxx xxx In view of the submissions made by learned counsel for the parties, this Court disposes of the writ petition granting liberty to the petitioner to move an application under Rule 44 of the Rules for necessary orders by the Tahasildar, Bhubaneswar. In the event, such an application is filed along with certified copy of this order before the Tahasildar, Bhubaneswaropposite party no.3 within a period of two weeks hence, he shall do well to consider the same in accordance with law and take a decision by passing a reasoned order as expeditiously as possible preferably within a period of six months therefrom."

// 2 // 4.

No material is available on record to show that the Petitioner in compliance of the direction of this Court had, in fact, filed an application under Rule 44 of the Orissa Survey and Settlement Rules, 1962. No such averment is also made in the contempt petition.

5.

In that view of the matter, no proceeding under the contempt of Court's Act can be initiated against the Opposite Party. Accordingly, the CONTC is dropped.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks