M/S.Bibidha Khudrasilpa Pratisthan v. Rinkesh Roy

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.493 of 2019 M/s. Bibidha Khudrasilpa Pratisthan, At/P.O.

Atharbanki, DistrictJagatsinghpur .... Petitioner Mr. Shubhendu Kumar Parida, Advocate -versusRinkesh Roy and Others .... Opp. Parties Contemnors Mr. Partha Mukherjee, Advocate

CORAM:

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

ORDER (Oral) 12.07.2022 03.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

On the previous date of hearing, we had directed Mr. Mukherjee to appear and seek instructions from the officials of the Paradip Port Trust regarding compliance of the directions contained in the order dated 12.07.013 passed in W.P.(C) No.6391 of 2010. The operative portion of the said order reads as under:

" In view of the above facts and circumstances of the case, without going into the merit of the case, this Court disposes of this writ petition along with misc. cases directing the Paradip Port Trust Authorities to take a uniform decision regarding renewal of the lease taking into consideration the above. Till the decision is taken by the Paradip Port Trust Authorities, the petitioner shall not be evicted and

// 2 // the petitioner shall pay all dues as demanded by the Paradip Port Trust Authorities."

3.

At the time of hearing, learned counsel for the petitioner submits that the proprietor Sri Brajendra Kumar Sahoo of the petitioner/proprietorship concern has since died and he has no further instructions.

4.

On the other hand, Mr. Mukherjee upon instructions makes a statement that the directions contained in the order 12th July, 2013 have been duly and faithfully complied with.

In view of the aforesaid statement, we do not deem it necessary to continue with the present contempt.

5.

Accordingly the CONTC is disposed of.

However, liberty is granted to the LRs to seek its revival by making an application within four weeks from today in case the stand of the Paradip Port Trust is incorrect. It is further clarified that this liberty is available only for four weeks from today. (Jaswant Singh) Judge (M. S. Raman) Judge AKK 12th July, 2022 Cuttack