Petitioner filed a contempt petition alleging non-compliance of a court order granting a Record of Rights (R.O.R). The Court held that since an appeal challenging the order of mutation was pending, it was maintainable before the appellate authority, thereby absolving the opposite party of contempt.
Contempt proceedings in CONTC No.13 of 2020 are dropped.
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CONTC No. 13 of 2020
Heard Mr. Bijaya Kumar Behera, learned counsel for the petitioner and Mr. Swayambhu Mishra, learned Additional Standing Counsel for the opposite party.
This petition under Section 12 of Contempt of Court Act, 1971 (for short, the Act’) has been filed alleging non-compliance of order dated 30.09.2019 passed in W.P.(C) No.17751 of 2019, relevant portion of which reads as follows:
“Considering the innocuous prayer, this Court disposes of the writ petition with an observation that if the petitioner files an application for issuance of R.O.R. before the Additional Tahasildar, Kanisi, Ganjam the later shall do well to issue R.O.R. in favour of the petitioner, if there is no impediment.”
Mr. Behera, learned counsel for the petitioner submits that although the order was passed on 30.09.2019, (which was subsequently corrected by virtue of order dated 05.11.2019 passed in I.A. No. 14493 of 2019) and the petitioner filed an application for issuance of the R.O.R. in terms of order dated 23.02.2019 passed in Mutation Case No.13668 of 2018, the Tahasildar, Konisi did not comply with the said order. As such, the petitioner filed the application under the provisions of the Act. Pursuant to the notice to show cause, reply has been filed by the opposite party stating that assailing the order passed in
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Mutation Case No. 13668 of 2018, Mutation Appeal No. 16 of 2020 has been filed by the Tahasildar, Konisi on 14.02.2020 and notice of the same has already been issued to the petitioner. As such, the opposite party is not in a position to issue the R.O.R. A rejoinder affidavit has been filed by the petitioner to the said show cause reply stating thereon that after getting notice from this Court only, the Tahasildar, Konisi woke up from the slumber and filed the appeal in Mutation Appeal No.16 of 2020 assailing the order passed in Mutation Case No.13668 of 2018. In order to circumvent the order of this Court and to get rid of the rigours of the Contempt proceeding, the appeal has been filed. As such, the show cause reply should be rejected and the opposite party be suitably punished for committing Contempt of Court.
Taking into consideration the submissions made by learned counsel for the parties, this Court is of the considered opinion that since the appeal has already been filed assailing the order passed in Mutation Case No.13668 of 2018, maintainability of the same can be well raised by the petitioner before the appellate authority. It is further observed that during pendency of the mutation appeal, the Tahasildar, Konisi will not be in a position to issue the Record of Right in terms of the order passed in Mutation Case No.13668 of 2018 In that view of the matter, I find that there is no
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contempt of Court committed by the opposite party as alleged by the petitioner.
Accordingly, contempt proceeding in CONTC No.13 of 2020 is dropped.
Authenticated copy of this order downloaded from the website of this Court in the manner prescribed in this Courts Notice No.4587 dated 25.03.2020 shall be treated at par with the certified copy of this order.
……..……………………
K.R. MOHAPATRA, J.
bct
2 issues framed by the court
Whether the petitioner's failure to receive the Record of Rights (R.O.R) constituted a contempt of court.
Whether the filing of an appeal by the opposite party affects its ability to comply with a prior order.
1 provisions across 1 enactments
Petitioner
Tahasildar, Konisi
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
