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Orissa High CourtCONTC(CPC)/431/2015disposed off

Krushna Chandra Panda v. Ranjan Chopra,Ias

2022-07-14Mr. Justice Biswanath Rath3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC(CPC) NO.431 OF 2015 Krushna Chandra Panda ....

Petitioner Mr.L.K.Mohanty, Adv.

-versusRanjan Chopra & anr.

....

Opposite Party(s) Mr.R.K.Samal, Adv.

CORAM:

JUSTICE BISWANATH RATH Order

ORDER

14.7.2022 4.

1.

Heard learned counsel for the Parties.

No.

2.

This Contempt Petition is filed for working out the direction involving O.A. No.87(C) of 2014 disposed of by the Tribunal on 14.9.2015 along with O.A. No.3866(C)/2012. It appears, against this order of the Tribunal, State came in W.P.(C) No.9682 of 2017, which was again taken up along with W.P.(C) No.22983 of 2016, disposed of on 19.6.2017 thereby reversing the order of the Tribunal. It appears, the Petitioner, Krushna Chandra Panda approached the Hon'ble Supreme Court in SLP(C) Nos.7408-7413 of 2021, which came to be disposed of on 27.1.2022 with the following direction :- "Having considered the entirety of the matter and submissions advanced on behalf of the parties, in our view, the course adopted by the High Court in the instant matter is quite correct.

Let the matter be considered by the State Government including the submissions of all concerned and pass an appropriate reasoned order. The entire exercise be undertaken by the State within four months of the receipt of this order.

// 2 // We have not and shall not be taken to have pronounced upon the merits or demerits of the rival contentions and the same shall be gone into purely on their own merits by the State Government.

With these observations, the Special Leave Petitions are disposed of.

Pending applications, if any, also stand disposed of. CONMT.PET.(C) Nos.651-656/2021 in SLP(C) Nos.7408-7413/2021 We do not see any reason to entertain the contempt petitions, which are accordingly closed.

Pending applications, if any, also stand disposed of." Reading the aforesaid direction, this Court finds, the matter has been ultimately remitted to the Government for re-consideration on the issue taking into account the submission of all concerned. 3.

Mr.R.K.Samal, learned counsel for the Contemnors, submits that after the Hon'ble Supreme Court's direction indicated herein above, the State Government is undertaking exercise in terms of the direction therein and the final outcome involving such matter may come within a period of one and half months.

4.

In the circumstance and for the development through SLP(C) Nos.7408-7413 of 2021, this Court finds, the Contempt Proceeding should not continue any further, as the order of the Tribunal involved in the Contempt Petition is no more available to be applied, keeping in view the direction of Hon'ble apex Court and loss of time in the meantime, this Court, however, hopes and expects, the State Government shall decide the matter in terms of the direction of the Hon'ble apex Court in the disposed of SLP(C) Nos.7408-7413 of 2021 by completing such exercise within a period of one and half

// 3 // months from the date of communication of this order with communication of the order to the Parties concerned. The Parties, if desire, may appear before the Competent Authority to place their case.

5.

The Contempt Petition stands disposed of accordingly. (Biswanath Rath) Judge M.K.Rout