High CourtsDivision Bench

Debendranath Tripathy And Another vs Prahallad Kumar Deb And Another

Orissa High Court · Decided on 29 April 2024 · Citation: (2024) 04 OHC CK 0272

HON’BLE JUDGES
Chakradhari Sharan Singh, CJ · M.S. Raman, J
CASE NUMBER
Writ Appeal No.886 Of 2024
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Judgment

7 paragraphs · 280 words
1.

This matter is taken up through Hybrid Mode.

2.

The present intra-Court appeal has been filed putting to challenge an order dated 30.01.2024 passed in W.P.(C) No.25677 of 2020.

3.

This matter was not listed today in the cause list. At about 3.00 P.M., Mr. Ashis Kumar Mishra, learned counsel for the appellants made an urgent mention before this Bench submitting that in a contempt proceeding, i.e., CONTC No.2590 of 2024 an order has been passed by a learned Single Judge of this Court directing the Superintendent of Police, Deogarh for production of the Additional District Magistrate, Deogarh for disobedience of this Court’s aforesaid order dated 30.01.2024. He informed this Court that the said contempt petition was not listed today and came to be notified, to be taken up at 2.00 P.M., whereafter the said order has been passed. Copy of the said order passed by the learned Single Judge is not available. It has been brought to the Court’s notice that the Additional District Magistrate, Deogarh has been appointed as a Nodal Officer by the Election Commission of India for the ongoing General Election-2024 of Deogarh District, for which nomination process has begun today.

4.

We shall go into the merits of the appeal later.

5.

On our request, Mr. Ashok Kumar Parija, learned Advocate General has appeared and has brought to our notice a Supreme Court’s decision in the case of Modern Food Industries (India) Ltd. and another v. Sachidanand Dass and another, reported in 1995 Supp. (4) SCC 465.

6.

List this matter on 06.05.2024, to be taken up at 10.30 A.M. In the meanwhile, the proceedings of CONTC No.2590 of 2024 shall remain stayed.

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