Surada Prasanna Mohanty vs Ananya Das And Another

Arindam Sinha, J

I.A. no.99 of 2022

Ms. Pattnaik, learned advocate appears on behalf of applicant. She submits, her client has made the application in aid of direction being made for compliance of order dated 19th June, 2019 passed in WP(C) no.4017 of 2015, wherein, inter alia, following was said.

“xx xx xx xx xx xx

In this case, it is not disputed that neither the State of Odisha nor the Cuttack Development Authority has prepared any scheme. It is, therefore, directed that the opposite parties- Cuttack Development Authority shall frame appropriate scheme in consonance with the provisions of the 2016 Act and re-issue the tender. However, it may exempt those persons who have already applied. But appropriate reservation of shop rooms should be made in favour of the persons who are differently abled. The aforesaid process should be completed within a period of six months from today.”

On 22nd March, 2022 the contempt application, in which, the I.A. has been made, was moved. Alleged contemners were represented and served copy. Subsequent thereto on 13th April, 2022 applicant was represented but alleged contemners were not. This Bench discovered that the contempt application was disposed of by coordinate Bench on order dated 11th December, 2020. Relevant text from said order is reproduced below.

“Considering the submissions made and as this Court finds, no purpose will be served in issuing notice in such matter, the Contempt Petition stands disposed of with a direction to the O.P.(s) to work out the direction of this Court dated 19.06.2019 passed in W.P.(C) No.21191 of 2016, if not worked out in the meantime, within a period of one month from the date of service of a copy of this order by the petitioner further provided there is no legal impediment otherwise. It is made clear that in the event the order of this Court is not worked out within the time stipulated hereinabove, it will be construed to be deliberate violation of this Court’s order.”

In above circumstances, Court is to deal with the interim application keeping in mind that contempt is a matter between Court and the person/authority, who is alleged to have violated order made by it. In event, after hearing alleged contemners, Court is of view that there has been contempt committed, appropriate orders will be made.

Issue notice on the interim application along with this order on alleged contemners, by registered/speed post with AD.

Applicant will put in requisites. Alleged contemners are required to be represented for being heard on the application.

List on 17th May, 2022.

...........................................