Jitendra Biswal v. Pradeep Jena, Commnr Cum Secy., Rural Development Dept.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.3946 of 2022 Jitendra Biswal ....

Petitioner Mr. R.K. Rout, Proxy Counsel on behalf of Mr. Prabodha Chandra Nayak, Advocate -versusSri Pradeep Jena, Commissionercum-Secretary, Rural Development Department, Bhubaneswar & Others ....

Opposite Parties None

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S. RAMAN ORDER (Oral) 22.08.2022 CONTC No. 3946 of 2022 & I.A. No. 208 of 2022 Order No.

02.

1.

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

Alleging non-compliance of the order dated 6th December, 2021 passed in WP(C) No. 37921 of 2021, the Petitioner has filed the contempt petition arraigning Sri Pradeep Jena, Commissionercum-Secretary, Rural Development Department, Sri Akhaya Prahdan, Chief Engineer, Rural Works, Sri Satyajit Dhala, Executive Engineer, Rural Works Division, Nimapara, Puri. 3.

The Petitioner has filed the writ petition citing inaction of the authority in releasing the enhanced minimum wages inconformity with notification issued in the Labour & Employment

// 2 // Department with respect to the construction and maintenance of rural works under Pradhan Mantri Gram Sadak Yozana (PMGSY). 4.

While disposing of the writ petition on 6th December, 2021, this Court taking note of the decision rendered in Mahesh Prasad Mishra Vrs. State of Orissa in W.P.(C) No. 29271 of 2011 vide order dated 17th November, 2011, directed the Executive Engineer, Rural Works Division, Nimapara-Opposite Party No.5 to take a decision within a period of eight weeks by giving opportunity of hearing to the Petitioner.

5.

At the time of hearing today, Mr. R.K. Rout, Proxy Counsel on behalf of Mr. Prabodha Chandra Nayak, counsel for the Petitioner pressed petition in I.A. No. 208 of 2022, wherein it has been stated that the Petitioner does not want to proceed any further in the contempt matter and the Petitioner seeks permission to withdraw the present case. The prayer as made in the said I.A. is allowed.

6.

Accordingly, the contempt petition is dismissed as withdrawn.

Issue urgent certified copy as per rules.

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