Chhaya Jena v. Kanwar Brajesh Singh
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.157 of 2016 Chhaya Jena & Others ....
Petitioners Mr. Ajit Kumar Tripathy, Advocate -versusKanwar Brajesh Singh ....
Opposite Party/ Contemnor Mr. Manoj Kumar Khuntia, Additional Government Advocate
CORAM:
JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN Order No.
ORDER (Oral) 04.07.2022 04.
1.
This matter is taken up through virtual/physical mode. 2.
The grievance of the Petitioners in the writ petition being W.P.(C) (PIL) No.13934 of 2014 was that as the Police Training Institution is located at revenue village 'Solar' under Badachana Police Station in the district of Jajpur, the said institution is recognized as Police Training Institute, Byree and prayed for a direction to the authority concerned for change in the name.
3.
This Court vide order dated 8th August, 2014 disposed of the said writ petition with the following direction:- "xx xx xx xx Considering the submission made by learned counsel for the parties, without expressing any opinion on the merits of the case, this Court directs opposite party no.2 to dispose of the representation dated 06.01.2014 Annexure-22 within a period of two months from the date of production of the certified copy of this order, in accordance with law and by passing a reasoned order, after giving opportunity of hearing to the parties.
xx xx xx xx"
// 2 // 4.
In the contempt petition, the Petitioners alleged that their grievances as directed to be sorted out in the writ petition has not yet been complied with by the authority concerned. Mr. Manoj Kumar Khuntia, Additional Government Advocate on 31st March, 2022 and 8th April, 2022 sought for adjournment for obtaining instruction and to file compliance report before this Court.
5.
Accordingly, when the matter is taken up today, Mr. Khuntia, Additional Government Advocate furnished the copy of the letter dated 4th July, 2022 issued by the I.G. of Police (Personnel), Odisha, Cuttack enclosing therewith letters dated 28th April, 2015 and 22nd July, 2015 addressed to the Principal Secretary to Government of Odisha, Home Department, Bhubaneswar.
Perusal of the said letters indicates that the authority concerned based on the joint enquiry conducted by the District Magistrate, Jajpur and Superintendent of Police, jajpur on the application of the villagers of Solar for change of name as Police Training Institute, Byree to Police Training Institute, Solar vide report dated 16th April, 2015 recommended to the Principal Secretary to Government of Odisha, Home Department, Bhubaneswar to take appropriate decision in this regard. However, it is conceded that no final decision has been taken by the Govt. in such recommendation.
6.
In view of the above, it is observed that the direction contained in the order dated 8th August, 2014 of this Court
// 3 // have not been willfully disobeyed, however have also not been fully complied with, as the final decision is still pending with the Govt.
7.
Accordingly, the contempt petition is disposed of with the direction to the competent authority at the Govt. level to take a final decision within twelve (12) weeks from today, failing which Petitioner shall be free to file a fresh contempt petition.
Urgent certified copy of this order be granted on proper application.
(Jaswant Singh) Judge (M.S. Raman) Judge Jyostna July 4th, 2022 Cuttack