Srimanta Saha v. Tapan Mohapatra,Tahasildar,Jatani

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.6179 of 2021 Srimanta Saha ....

Petitioner(s) Mr. B. Nayak, Advocate -versusTapan Mohapatra, Tahasildar, Jatani ....

Opposite Party(s) Mr. S.P. Panda, Advocate

CORAM:

JUSTICE BISWANATH RATH

ORDER

18.11.2022 Order No.

01.

1.

Heard learned counsel for the parties.

2.

Even though the matter is opposed by Mr. Panda, learned counsel for the Contemnor on the premises of Section 22 of the Contempt of Courts Act to the effect that the order directed to be worked out was passed on 21.08.2019, but as per the direction therein, the demarcation proceeding was to be concluded by the end of January, 2020. For the Contempt Petition filed on 10.10.2021, it is claimed by the learned counsel for the Contemnor that the Contempt Petition is barred by limitation.

3.

Considering the claim and the objection of the respective Parties, this Court finds, for the innocuous direction therein for disposal of the Demarcation Case No.53 of 2017, such direction need to be worked out and it cannot be ignored on the premises of Contempt Petition being brought beyond the time prescription,

// 2 // further there was difficulty on the part of the Petitioner to come to Court for Corona affecting seriously in the State of Odisha. Be that as it may, recording the statement of the learned counsel for the Petitioner that there is no disposal of Demarcation Case No.53 of 2017 as of now, this Court observes, in the event there is no lawful obstruction in undertaking the required exercise, there should be finality shown to Demarcation Case No.53 of 2017 as of now at least within a period of one and half months from the date of communication of this order by the Petitioner. Failing which, this Court will be constrained to initiate suo motu contempt against the Contemnor.

4.

The CONTC stands disposed of with the above order. (Biswanath Rath) Judge Ayaskanta Jena