Janaki Ray Bagel Babu Vs Bibhuti Bhusan Nayak, I.A.S. — Orissa HC (2024) — LawSathi Research

Janaki Ray Bagel Babu Vs Bibhuti Bhusan Nayak, I.A.S. — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt proceeding dropped without any punitive action; personal attendance of Mr. Bibhuti Bhusan Nayak, Additional District Magistrate, Mayurbhanj, dispensed with; petitioner left free to question the correctness of the order dated 13.03.2024 before the appropriate forum in accordance with law.

Issue for consideration

Whether the Court should proceed with the contempt against the contemnor, Additional District Magistrate, Mayurbhanj, notwithstanding delay in compliance with the order dated 28.02.2023 in W.P.(C) No. 20117 of 2022, in view of his subsequent conduct and unqualified apology. +1 more

Court's answer

Although there was delay in compliance with the Court's order dated 28.02.2023, considering the subsequent conduct of the contemnor and his unqualified apology, the Court does not find it proper to proceed with the contempt, and the contempt proceeding stands dropped.

Ratio / Principle

In a contempt jurisdiction, this Court is not required to enter into the legality of the order passed by the contemnor in compliance of the Court's order; however, it remains open to the petitioner to question the correctness of the order dated 13.03.2024 before the appropriate forum in accordance with law.

Detailed headnote1 paragraphs

Contempt — alleged disobedience of this Court's order dated 28.02.2023 in W.P.(C) No. 20117 of 2022 — contemnor, Additional District Magistrate, Mayurbhanj, produced an order dated 13.03.2024 in purported compliance, noting that he lacked jurisdiction to consider the petitioner's application for transfer of the leasehold land — HELD: (i) in a contempt jurisdiction the Court does not enter into the legality of the compliance order passed by the contemnor; the petitioner may question the correctness of the order dated 13.03.2024 before the appropriate forum in accordance with law; (ii) though there was delay in compliance, considering the contemnor's subsequent conduct and his unqualified apology, it was not proper to proceed with the contempt — contempt proceeding dropped; personal attendance of the contemnor dispensed with.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No. 991 of 2024

Smt. Janaki Ray Bagel Babu …. Petitioner

Mr. S.S. Bhuyan, Advocate on behalf of Mr. Bibekananda Bhuyan, Advocate

-versus-

…. Bibhuti Bhusan Nayak,I.A.S, Opposite Additional District Magistrate, Party/Contemnor Mayurbhanj

Mr. Lalatendu Samantray, Addl. Govt. Advocate

CORAM:

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

25.04.2024

This matter is taken up through Hybrid mode.

In the present contempt petition, disobedience of this Court’s order dated 28.02.2023 passed in W.P.(C) No. 20117 of 2022 has been alleged.

Mr. Bibhuti Bhusan Nayak, Additional District Magistrate, Mayurbhanj is personally present in Court.

Mr. Lalatendu Samantray, learned Additional Government Advocate appearing on his behalf has produced before us, an order passed by him on 13.03.2024 in compliance of this Court’s order dated 28.02.2023.

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Learned counsel appearing on behalf of the petitioner has, however, argued that the Additional District Magistrate ought to have decided the petitioner’s grievance on merits as he had the jurisdiction to decide the dispute. In the order dated 13.03.2024, the contemnor-Additional District Magistrate has noted that he lacks the jurisdiction to consider the petitioner’s application for transfer of the leasehold land. In a contempt jurisdiction, we are not required to enter into the legality of the order which has been passed by the contemnor in compliance of this Court’s order. It will, however, be open to the petitioner to question the correctness of the said order date 13.03.2024 before appropriate forum in accordance with law.

Though there has been delay in compliance of this Court’s order, considering the subsequent conduct of the contemnor and in view of unqualified apology tendered by him, this Court does not find it proper to proceed with the contempt.

The contempt proceeding accordingly stands dropped.

The personal attendance of Mr. Bibhuti Bhusan Nayak, Additional District Magistrate, Mayurbhanj stands dispensed with.

(Chakradhari Sharan Singh) Chief Justice

(M.S. Raman)

Judge

Signature Not Verified Suchitra/Aswini

Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: Personal Assistant (Secretary-in-charge) Reason: Authentication Location: ORISSA HIGH COURT, CUTTA CK Date: 26-Apr-2024 14:36:32

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