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Dr. Pitha Charan Murmu Vs Pradipta Kumar Mohapatra — Contempt of Court | Orissa HC (2021)

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Orissa HC
2021
Dr. Pitha Charan Murmu Vs Pradipta Kumar MohapatraDr. Pitha Charan Murmu v. Pradipta Kumar Mohapatra

Dismissed

Dr. Pitha Charan Murmu v. Pradipta Kumar Mohapatra

Orissa HC6 Sept 2021CONTC/1327/2021

Case brief

AI extract

What is this about?

This court disposed of the contempt petition against opposite parties, holding that there was no willful or deliberate disobedience of the earlier Division Bench order in W.A. No.775 of 2020. The petitioner was advised to approach for separate relief.

What did the court decide?

Contempt petition is dropped. Petitioner may approach by a separate writ application for further relief.

What the court decided

AI extract

Outcome

Contempt petition is dropped. Petitioner may approach by a separate writ application for further relief.

Issue for consideration

Whether there was willful and deliberate disobedience of the court's order regarding the disposal of the petitioner's representation. +1 more

Detailed headnote1 paragraphs

In a contempt petition, where a contempt order was passed in a previous writ application and disposed of by the opposite party, the court held that there was no willful or deliberate disobedience. Consequently, the contempt petition was dropped, and the aggrieved party was directed to approach the court via a separate writ application for appropriate relief.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.1327 of 2021

Dr. Pitha Charan Murmu

Petitioner

Mr. Bhojaraj Seth, Advocate

-versus-

…. Pradipta Kumar Mohapatra and Opposite Parties/ Others. Contemnors

Mr. L. Samantaray, AGA

CORAM:

JUSTICE S.K. MISHRA

JUSTICE SAVITRI RATHO

ORDER 06.09.2021

Order No.

1. This matter is taken up through Hybrid mode.

Heard learned counsel for the petitioner and learned Additional Government Advocate.

The order, which is allegedly violated by the contemnor-opposite party was passed by the Division Bench in W.A No.775 of 2020 on 07.01.2021 directing disposal of the representation of the petitioner. The petitioner’s representation has been disposed of by the opposite partycontemnor. But, the petitioner still has grievances regarding the contempt and the merit on the disposal of representation.

Page 1 of 2

// 2 //

In that view of the matter, we are of the opinion that there is no willful and deliberate disobedience of the order of this Court passed in W.A. No.775 of 2020 on 07.01.2021.

Hence, the contempt petition is dropped. If, the petitioner has any further grievance, he may approach by a separate writ application before the Court to re-agitate his grievance and for appropriate relief.

Urgent certified copy of this order be granted as per rules.

(S.K. Mishra)
Judge
(Savitri Ratho)
Judge

T.TUDU

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether there was willful and deliberate disobedience of the court's order regarding the disposal of the petitioner's representation.
2.
whether the contempt petition should be dropped in the absence of deliberate disobedience.

Parties & counsel

AI extract

petitioner
Dr. Pitha Charan Murmu
respondent
Pradipta Kumar Mohapatra

Coram

AI extract

S.K. Mishra
Savitri Ratho

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 6 Sept 2021 · September
Registered: 24 Feb 2021
Case no.: CONTC/1327/2021
CNR: ODHC010143722021
Topic: Contempt of Court
Bench: Miss Savitri Ratho S.k.mishra
Disposal: Disposed Off

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Cite this judgement

Dr. Pitha Charan Murmu v. Pradipta Kumar Mohapatra, CONTC/1327/2021 (OD), decided on 6 September 2021.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

S.K. Mishra and Savitri Ratho

Parties & counsel