Ajaya Kumar Das vs State Of Odisha And Others

I.A. no.569 of 2024

Mr. Roy, learned advocate appears on behalf of applicant, who was writ petitioner. He submits, the writ petition was disposed of by order dated 1st May, 2023. Directions therein were not carried out. His client had moved in contempt (CONTC no.3940 of 2023), dropped on order dated 25th August, 2023 by the contempt Bench. Hence, his client has applied before us for appropriate direction to opposite parties for issuance of fresh demand towards conversion fee in compliance with said order dated 1st May, 2023.

Mrs. Pattanaik, learned advocate, Additional Government Advocate appears on behalf of State.

We reproduce below direction paragraph 8 of our order dated 1st May, 2023.

“8. Impugned demand is set aside and quashed. The Additional Land Officer will forthwith issue demand for conversion fee on basis of said order dated 22nd February, 2010. The demand is to be made within three weeks from date and complied with by 30 days thereafter, failing which the offer of conversion will stand automatically cancelled.”

(emphasis supplied)

Disposal order dated 25th August, 2023 of the contempt Bench dropping

“This matter is taken up by hybrid mode.

Mr. L. Samantray, learned Addl. Government Advocate appearing for the State-opposite parties states that in compliance of the order dated 01.05.2023 passed in W.P.(C) No. 5861 of 2020 as and when demand will be raised, question of payment will arise, otherwise it will not cause any prejudice to the petitioner.

In view of the above submission, as and when cause of action will arise for the petitioner, he may approach the appropriate forum in accordance with law.

The contempt proceeding is hereby dropped.”

There was direction for the demand to be made within three weeks from date of our order (1st May, 2023). The demand was not made. We are amazed by skill of learned advocate appearing on behalf of State in having submitted that as no demand had been raised, applicant in the contempt proceeding did not have cause of action.

The prayer in the application is clearly for compliance of our said order dated 1st May, 2023. Petitioner attempted to have the compliance by filing for contempt, dropped by aforesaid order. In the circumstances, we can do nothing. Applicant will be well advised to exercise the liberty granted by the contempt Bench.

The application is disposed of.

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