Prasanna Kumar Patra v. Aswin Kumar Swain, D.F.O.-Cum-Wildlife Warden, Baripada Forest Division

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC (CPC) No.222 of 2016 Prasanna Kumar Patra ......

Petitioner Mr. S. Behera, Advocate -versusAswin Kumar Swain, D.F.O.-cum-Wildlife Warden, Baripada Forest Division .....

Opposite Party/Contemnor Mr. S.S. Kanungo, AGA

CORAM:

JUSTICE C.R. DASH

ORDER

10.02.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard Mr. S. Behera, learned counsel for the Petitioner and Mr. S.S Kanungo, learned Additional Government Advocate for the Opposite Party/Contemnor. 3.

Eschewing the preliminary objection by learned counsel for the State on the ground of limitation etc., I feel persuaded to dispose of the Contempt Petition to prevent further delay and harassment to the petitioner. 4.

Regard being had to the facts and submissions and further fact that, the contemnor-incumbent must have changed in the meantime, the Contempt Petition is disposed of directing the present incumbent/incumbents to comply with the order of the Orissa Administrative Tribunal passed in

O.A. No.835(C) of 2016 within three months from the date of communication of this order provided there is no other legal impediment or no order from the higher forum staying the operation of the order of the Orissa Administrative Tribunal for alleging violation of which the present Contempt Petition has been filed. If the present incumbent/incumbents fails/fail to comply with the order by the time prescribed, then the petitioner concerned may file fresh contempt for violation of the order of this Court.

5.

This order shall only be effective if the order has not yet been complied.

6.

The compliance order be communicated to the petitioner by the present incumbent/incumbents, if not communicated.

7.

A free copy of this order be supplied to learned AGA for onward transmission to the authority/authorities concerned for communication of the order.

(C.R. Dash) Judge Murmu