Smruti Ranjan Dash v. Ananta Gopal Satpathy, Exe. Engnr., Rural Works Divn.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.5768 OF 2022 Smruti Ranjan Dash ....
Petitioner Mr. Gyanendra Chandra Swain, Advocate -versusAnanta Gopal Satpathy, Executive Engineer, Rural Works Division, Jagatsinghpur ....
Contemnor/Opp.party Mr. P.K.Mohanty, ASC
CORAM:
JUSTICE JASWANT SINGH JUSTICE M.S.SAHOO
ORDER
29.11.2022 Hybrid Mode Order No.
02.
1. By filing the present petition, the petitioner alleges non-compliance of the order passed by this Court dated 17.12.2021 disposing of W.P.(C) No.39622 of 2021 and prays the Court to proceed against the opposite party as per the provisions of the contempt of Court's Act.
2. Mr. P.K. Mohanty, learned Additional Standing Counsel appearing on behalf of the opposite party refers to the compliance affidavit dated 15.11.2022 which is served on the learned counsel for the petitioner.
Regarding the steps taken for compliance of this Court's order dated 17.12.2021 passed in W.P.(C) No. 39622 of 2021, at paragraphs-4 & 5 of the said affidavit, the following has been stated :
// 2 // "4. That, it is humbly submitted that in obedience to the order dated 17.12.2021 passed by this Hon'ble Court, the Deponent-present opposite party no.3 on consideration of the representation of the petitioner, had proposed a work namely "S/R to Narua to Mulisingh Road" amounting to Rs.05.00 (Rupees Five lakh only) to be awarded in favour of the petitioner to the Chief Construction Engineer, Rural Works Circle, Cuttack vide letter No.1645 dated 15.3.2022, but the same could not be granted instantly due to fag end of the financial year when allotment under different heads have exhausted.
5. That, however, on receipt of allotment, a work namely "FDR to Jaipur to Raghunathpur Road vide Adhapati Road" for an amount of Rs.2.87 (with GST) vide Divisional Agreement Number 52 P1 of 2022-23, has been awarded in favour of the petitioner vide letter no.5312 dated 20.10.2022 of the Executive Engineer, Rural Works Division, Jagatsinghpur. A copy of the letter no.5312 dated 20.10.2022 is annexed herewith as Annexure-A."
3. In our considered opinion, the order passed by this Court dated 17.12.2021 passed in W.P.(C) No. 39622 of 2021 has been complied with rendering the contempt petition infructuous.
Accordingly, the contempt petition is dismissed. (Jaswant Singh) (M.S.Sahoo) Judge Judge 29th November, 2022 Cuttack Gs/dutta