Arun Kumar Panigrahi vs Datatray Bhawsaheb Sindhe, Collector, Balasore And Others

Arindam Sinha, J

Mr. Dash, learned advocate appears on behalf of applicant and submits, alleged contemner nos.2 to 6 have not filed show cause and, therefore, they be held up in contempt for violating directions in order dated 16th May, 2023, by which the writ petition was disposed of.

Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of alleged contemner no.1. He submits, the direction has been complied with. His client is incumbent in office of District Magistrate. Disclosed in the show cause filed by said alleged contemner is communication dated 21st June, 2023 addressed to applicant, in which the information has been furnished. He submits, other alleged contemners will say the same thing by separate affidavits, if directed by Court. For the purpose some time be granted. He tenders unqualified apology for delayed compliance.

Paragraph 3 from said order dated 16th May, 2023 is reproduced below.

“3. Submission made on behalf of State has been heard before by this Bench in similar cases. Reliance was placed thereon, after which further complications arose, regarding when the eligible persons had made their applications, for saying their turn had not yet come. Be that as it may, above extracted communication was for favour of kind information and necessary action by the Collector. The Collector is directed to inform petitioner specifically, in which list, to be drawn when, names of eighteen eligible persons will be included. The information is to be given to petitioner within two weeks of communication.”

Text of said communication dated 21st June, 2023 is reproduced below.

“In inviting a reference to the order passed by the Hon’ble High Court, Orissa in connection with WP(C) No.15611 of 2023, I am to inform you that though the list of 18 applicants in your GP are eligible to get housing scheme of Govt. as per field verification report of PEO, Balarampur, but at present there is no scope to add new beneficiaries in inclusion/Awasplus/RH portal. Further if the above 18 applicants are interested to avail housing scheme (MO GHARA) of Govt. of Odisha then necessary assistance will be provided by Baliapal Block administration to get new house.”

It will appear from last preceding paragraph that compliance has been asserted on reason given that the eighteen applicants, though eligible, cannot be added as new beneficiaries in the portal. Instead, they can apply to avail the benefit under housing scheme ‘Mo Ghara’, for which necessary assistance will be provided by Baliapal Block administration.

It appears there has been compliance. In the circumstances, the apology is accepted. The proceeding is dropped. Applicant to obtain advice on how best to proceed with his claim.

The application is disposed of.

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