M/S.Raghva Constructions v. Chief Engineer Dpi And Roads Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No. 3569 of 2022 M/s. Raghva Construction ....

Petitioner Mr. Gautam Siddique, Advocate -versusThe Chief Engineer (DPI & Roads), Odisha & Others ....

Opposite Parties Mr. L. Samantaray, AGA

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 13.09.2022 Order No.

01.

1.

This matter is taken up by virtual/physical mode. 2.

The Petitioner is stated to have executed works for the R & B Division, Malkangiri in the year 2015. The claim is for refund of the excess recovery of the royalty amounts from the bills. The Petitioner had filed a representation, which was ordered to be decided within three months by this Court vide order dated 11th April, 2018 passed by W.P.(C) No. 5927 of 2018 filed by the Petitioner seeking the said relief. Since no decision has been taken on such claim as set out in the representation, the present contempt has been filed on 16th May, 2022.

3.

At the outset, Mr. L. Samantaray, Additional Government Advocate has raised the question of maintainability as the contempt petition is filed beyond the period of limitation prescribed in Section 20 of the Contempt of Court's Act, 1971. Learned counsel for the Petitioner is unable to explain or counter such stand taken by the Additional Government Advocate.

// 2 // 4.

In view of the above, we find no grounds to initiate the present contempt proceedings. However, the Petitioner is at liberty to avail his remedies in accordance with law. (Jaswant Singh) Judge (M.S. Raman) Judge Laxmikant September 13, 2022 Cuttack