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Orissa High CourtCONTC(CPC)/47/2019disposed off

Abhaya Kumar Das v. State Of Odisha

2022-01-07Mr. Justice C.R.Dash4 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC (CPC) No.47 of 2019 Abhaya Kumar Das .........

Applicants Mr. Prafulla Kumar Kar, Adv.

-VersusState of Odisha & another ... . ........ Respondents/ Contemnors Mrs. Saswata Pattnaik, AGA

CORAM:

JUSTICE C.R. DASH

ORDER

14.02.2022 Order No.

02.

1.

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

2.

Heard.

3.

Regard being had to the facts and submissions, the order dated 07.01.2022 is recalled and the following order is passed: 4.

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 applicant.

5.

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.1948(C) of 2014 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 applicant concerned may file fresh contempt for violation of the order of this Court. 6.

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

7.

The compliance order be communicated to the applicant by the present incumbent/incumbents, if not communicated. 8.

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

(C.R. Dash) JUDGE Subha