Dismissed

Dasarathi Das v. Pratik Singh, I.P.S.

Orissa HC1 Sept 2023CONTC/442/2023

Case brief

AI extract

What is this about?

The Court considered a contempt petition filed against the Opposite Parties for apparent inaction in complying with a previous quashing and remand order. After hearing conflicting submissions regarding compliance, the Court found no urgent need for adjudication. The Saccontempt petition was dropped with liberty to approach the Court via a fresh Writ Petition if the cause of action survives.

What did the court decide?

The Contempt Petition is dropped; liberty granted to file a fresh Writ Petition if cause of action survives.

Dasarathi Das Vs Pratik Singh, I.P.S. — Contempt of Court | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CONTC NO.442 of 2023

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Dasarathi Das

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…. Petitioner

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Mr.Madan Mohan Das, Advocate

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-versus-

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Pratik Singh, IPS

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…. Contemnor Mr.Iswar Mohanty, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

Order No.

ORDER 01.09.2023

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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On perusal of the order dated 0707.2021 passed in W.P.(C) No.17594 of 2021, it is observed that this Court disposed of the Writ Petition by quashing the discharge order dated 05.01.2021 of the Petitioner and further remitting the matter to Opposite Party No.3 to reconsider the representation of the Petitioner in the light of the Home (Civil Defence) Department in its letter dated 28.07.2014 in Annexure-1 within a period of four months. Being aggrieved by the inaction of the Opposite Parties in carrying out the order passed by this Court, the Petitioner has approached this Court by filing the present Contempt Petition.

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Learned counsel appearing for the Contemnor on the other hand referring to the show cause submitted that the representation of the

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// 2 //

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Petitioner has already been disposed of vide order dated 29.10.2021 under Annexure-2 to the Writ Petition. Accordingly, it was submitted that the order passed by this Court has been fully complied with.

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Learned counsel for the Petitioner on the other hand submitted that the order has not been complied with and the order which has been annexed to the show cause affidavit is not in full compliance of the order passed by this Court.

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However, considering such grievance, this Court while dropping the Contempt Petition is inclined to grant liberty to the Petitioner to file a fresh Writ Petition if the cause of action still survives.

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With the aforesaid observation, the CONTC is dropped.

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RKS

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( A.K. Mohapatra )
Judge

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Signature Not Verified

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Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 04-Sep-2023 12:01:52

Dasarathi Das v. Pratik Singh, I.P.S.

Case brief

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Dasarathi Das v. Pratik Singh, I.P.S.

Case brief

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