Disposed

Padma Charan Paramanik v. Janmejay Sahoo, Tahasildar, Tangi

Orissa HC23 Apr 2024CONTC/2399/2024

Case brief

AI extract

What is this about?

Contempt petition alleging disobedience of writ and prior contempt orders directing the Tahasildar to consider a representation. Compliance order was produced; the court found the delay not deliberate, dropped the proceeding, and left the petitioner free to challenge the decision elsewhere.

What did the court decide?

Contempt proceeding dropped; liberty granted to question the Tahasildar's decision before appropriate forum.

Padma Charan Paramanik Vs Janmejay Sahoo, Tahasildar, Tangi — Contempt of Court | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CONTC No.2399 of 2024

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Padma Charan Paramanik …. Petitioner

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Mr. P.C. Jena, Advocate

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-versus…. Janmejay Sahoo, Tahasildar, Tangi Opposite Party Mr. L. Samantaray, A.G.A.

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CORAM: THE CHIEF JUSTICE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

23.04.2024

This matter is taken up through Hybrid mode.

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In the present contempt petition, the petitioner has alleged disobedience of this Court’s order dated 25.04.2023 passed in W.P.(C) No.26776 of 2022 and an order dated 04.09.2023 passed in CONTC No.6496 of 2023.

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By the said order dated 25.04.2023 passed in W.P.(C) No.26776 of 2022, the Tahasildar, Tangi was directed to consider the petitioner’s representation after notice to the petitioner and opposite party Nos.6 to 9 therein, and after giving them a hearing, pass a reasoned order not later than 01.08.2023. Such order was required to be communicated by 08.08.2023. Alleging disobedience of the said order, the petitioner had approached this Court by filing a contempt petition which gave rise to CONTC No.6496 of 2023 which came to be disposed of granting liberty to the contemnor to comply with the said order, if already not complied with, within a

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Page 1 of 3

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period of three months from the date of communication/production of the certified copy of the said order.

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Mr. L. Samantaray, learned Additional Government Advocate appearing on behalf of the opposite party-contemnor has produced before this Court an order dated 04.09.2023 passed by the Tahasildar, Tangi in compliance with this Court’s order passed in W.P.(C) No.26776 of 2022 and CONTC No.6496 of 2023.

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We have perused the said order passed by the Tahasildar, Tangi. We are satisfied that the delay in compliance of this Court’s order cannot be said to be deliberate.

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Learned counsel for the petitioner has attempted to submit that a case of contempt of this Court is made out as there is nothing to show that the said order dated 04.09.2023 of the Tahasildar, Tangi had been communicated to the petitioner, in the light of clear direction of this Court by the order dated 25.04.2023 passed in W.P.(C) No.26776 of 2022.

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A copy of the said order of the Tahasildar, Tangi has been handed over to learned counsel for the petitioner by learned Additional Government Advocate representing the contemnor in the present contempt petition.

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Since this Court’s order has been substantially complied with, we are not inclined to proceed any further in the matter. This contempt proceeding accordingly stands dropped.

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Page 2 of 3

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It goes without saying that the petitioner shall be at liberty to question the correctness of the said decision of the Tahasildar, Tangi, if so advised, before appropriate forum in accordance with law.

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(Chakradhari Sharan Singh) Chief Justice

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(M.S. Raman) Judge

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S.K. Guin/P.A.

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Signature Not Verified

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Page 3 of 3

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Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Apr-2024 15:29:28

Padma Charan Paramanik v. Janmejay Sahoo, Tahasildar, Tangi

Case brief

What is this about?

What did the court decide?

Padma Charan Paramanik v. Janmejay Sahoo, Tahasildar, Tangi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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