Basanta Kumar Sarangi vs Executive Officer, Bolangir Municipality

Arindam Sinha, J

I.A. no.355 of 2019

This writ petition was disposed of by order dated 22nd January, 2015, quoted below.

“Petitioner’s grievance, in this writ petition, is negligence on the part of Bolangir Municipality to ensure completion of construction of stall of the petitioner, though work order has been issued way back in the year 2012 vide work order at Annexure-5 series. The petitioner has already deposited a sum of Rs.2,00,000/- and undertakes to pay balance amount in installment.

Considering the nature of grievance, the writ petition is disposed of directing the opposite party-Executive Officer, Bolangir Municipality to ensure that the petitioner’s stall is constructed and handed over to the petitioner within a period of six months from the date of filing of a certified copy of this order along with a copy of the writ petition.”

Contempt proceeding by CONTC no.1634 of 2015 was launched by petitioner, which was disposed of by this Bench on 28th March, 2022. Paragraph 2 from said order is reproduced below.

“2. Mr. Nanda, learned advocate appears on behalf of applicant. On query from Court he submits, his client will put in the balance amount for the allotments. His client will pay within seven days. The allotments should thereafter be made within two weeks. Mr. Panigrahi is on notice that balance payment and allotments, submitted by applicant as to be done, will result in complete compliance, on assurance of which this contempt application is disposed of.”

The Municipality had filed I.A. no.355 of 2019 in the disposed of writ petition praying for modification of order dated 22nd January, 2015, to effect that said order having had been passed ex-parte, could not be worked out as the work order stood withdrawn. This application remained pending, when there was hearing and disposal of the contempt proceeding.

Mr. Das, learned advocate appears on behalf of petitioner in WP(C) no.13675 of 2015. He submits, his client is entitled to get a shop room/stall. Meantime, there is restraint order dated 31st July, 2015 operating, protecting his client’s interest. Text of said order dated 31st July, 2015 is reproduced below.

“Heard learned counsel for the petitioner.

Issue notice to opposite party Nos.1 and 2 by registered post with A.D. returnable within four weeks, requisites for which shall be filed within one week.

The petitioner shall vacate the place of the proposed construction of shop room/stall at Nuabandh Adi, Narsingh Mandir, Bolangir and the shop room/stall constructed on the place vacated by him shall not be allotted to any other person.

Misc. case is accordingly disposed of.

Issue urgent certified copy.”

Mr. Nanda, learned advocate appears on behalf of petitioner in the disposed of writ petition while Mr. Panigrahi, learned advocate appears on behalf of the Municipality.

Court is inclined to adjourn the I.A. and WP(C) no.13675 of 2015 to enable the Municipality to deal with rival contentions for the shop rooms and find a solution.

List on 24th June, 2022.

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