Nityananda Panigrahi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.1180 of 2020 Nityananda Panigrahi .... Petitioner Mr. P. C. Dash, Proxy Counsel on behalf of Mr. P.C. Jena, Advocate -versusState of Odisha and Others .... Contemnors/ Opp. Parties Mr. P. K. Mohanty, ASC

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 22.08.2022 Order No.

02.

1.

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

2. Learned counsel for the contemnors submits that the directions dated 13th May, 2019 passed in W.P.(C) No.15731 of 2015 to the Tahasildar, Baliapal to provide the land particulars for establishment of a Primary Health Centre (New) at village Balarampur have since been complied with as stated in paragraphs 6, 7 and 8 of the affidavit dated 6th January, 2021 filed on behalf of the contemnors. The aforesaid paragraphs read as under:

"6. That in reply to the averments made at Paragraph-2 of the CONTC Petition the deponent respectfully submits that while disposing the Writ Petition being W.P.(C) No.15731 of 2015 the Hon'ble High Court has directed the Tahasildar, Baliapal to comply with the letter dtd. 10.04.2019 which has

// 2 // been duly complied and necessary feasibility for establishment of the PHC (New) at Balarampur village has been received at this end vide letter no.1152, dtd. 16.04.2019 of Tahasildar, Baliapal. Copy of the letter No.1152, dtd. 16.04.2019 is annexed herewith as Annexure-A/5 Series.

7.

That in reply to the averments made at Paragraph-3 of the CONTC Petition the deponent respectfully submits that Tahasildar, Baliapal has been moved a proposal for alienation of land in Form No.1-A at Balarampur and which also has been duly complied and execution of alienation process by the Department of Revenue has been made by the Tahasildar, Baliapal. A copy of the said alienation meant for the establishment process of PHC (New) Balarampur village, Baliapal.

Copy of the Form No.1-A is annexed herewith as Annexure-B/5 Series.

8.

That, in reply to the averments made at Paragraph-5 of the CONTC Petition the deponent respectfully submits that taking into account of the above submission and also the process of establishment have been complied and intimated to the Government in Health and Family Welfare Department, Odisha for taking early steps vide letter No.17290, dtd. 19.11.2020.

Copy of the letter No.17290, dtd. 19.11.2020 is annexed herewith as Annexure-C/5."

3. In view of the above, the contempt proceedings are dropped and the CONTC is accordingly disposed of.

(Jaswant Singh) Judge (M. S. Raman) Judge AKK 22nd August, 2022 Cuttack