Labanya Barik v. Veenet Bhardwaj, Collector, Mayurbhanj.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.5809 of 2021 Labanya Barik ....

Petitioner Mr. R.N. Parija, Advocate -versusVeenet Bhardwaj, Collector, Mayurbhanj and another ....

Opposite Parties/Contemnors Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.11.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner as well as learned counsel for the State.

3.

This Contempt Petition is filed alleging violation of the Court's order dated 03.08.2021 passed in W.P.(C) No.14710 of 2021 was disposed of by this Court.

4.

Due to non-compliance of the order dated 03.08.2021 passed in W.P.(C) No.14710 of 2021, which was disposed of by this Court, the petitioner has approached this Court by filing the present contempt application.

5.

On perusal of the order 03.08.2021, it appears that the order under Annexures-1 and 5 have been stayed by this Court. 6.

It is submitted by learned counsel for the petitioner that despite such interim order, the authorities are not allowing the petitioner to

// 2 // operate the PDS retailer.

7.

On instruction, learned counsel for the State submits that the licence of the petitioner has been expired for the financial year 20212022 and the petitioner has not applied for renewal of the licence in the prescribed form along with requisites fee. 8.

Considering the submissions made by the respective parties, the contempt petition is disposed with at the stage of admission with a direction to the petitioner to approach before the Sub-collector, Baripada, Mayurbhanj (Opposite Party No.2) along with application for renewal with requisite fee within a period of two weeks from today. In the event the same is deposited, Opposite Party No.2 shall do well to renew the retailer licence of the petitioner within a period of one week thereafter and the petitioner be allowed distribute to PDS materials and comply order passed on 03.08.2022. Further, it is made clear that in the event Opposite Party No.2 fails to comply with the direction of this Court within the aforesaid stipulated time, punishment should be imposed against the contemnor. 9.

Accordingly, the CONTC is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Jagabandhu