Nabaghana Jena Vs Siddharth Shankar Swain, I.A.S. — Orissa HC (2025) — LawSathi Research

Nabaghana Jena Vs Siddharth Shankar Swain, I.A.S. — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Contempt petition dropped in view of compliance of the order dated 18.09.2024; copy of the decision taken report handed over to the petitioner's counsel; liberty reserved to the petitioner to challenge the contemnor's order dated 21.02.2025 before the appropriate forum.

Issue for consideration

Whether the order dated 18.09.2024 passed in W.P.(C) No.22364 of 2024 (directing the Collector and District Magistrate, Puri to take a decision on the petitioner's representation) has been complied with by the contemnor.

Court's answer

The Court found that the order dated 18.09.2024 had been complied with, the contemnor's written instruction dated 21.02.2025 showing that the petitioner's representation claiming payment of compensation in respect of the land had been rejected, and accordingly held that the contempt petition stands dropped.

Ratio / Principle

Liberty was granted to the petitioner to challenge the order dated 21.02.2025 of the contemnor/opp. party before the appropriate forum.

Detailed headnote1 paragraphs

CONTC No.528 of 2025, High Court of Orissa at Cuttack (order dated 10.03.2025; S.K. Sahoo and Savitri Ratho, JJ.). Contempt petition by Nabaghana Jena alleging non-compliance of the order dated 18.09.2024 passed in W.P.(C) No.22364 of 2024, which had directed Siddharth Shankar Swain, I.A.S., Collector & District Magistrate, Puri to take a decision on the petitioner's representation (Annexure-9) seeking payment of compensation in respect of land within three months. Learned counsel for the State produced the contemnor's written instruction dated 21.02.2025 showing the order had already been complied with, the representation having been rejected; the instruction was taken on record and a copy of the decision taken report handed to the petitioner's counsel. Holding compliance established, the Court dropped the contempt petition, granting the petitioner liberty to challenge the order dated 21.02.2025 before the appropriate forum.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.528 of 2025

Nabaghana Jena

….. Petitioner

Mr. Niranjan Behera, Advocate

-versus-

Siddharth Shankar Swain, I.A.S., Collector & District Magistrate, Puri

..... Contemnor/ Opp. Party

Mr. Jateswar Nayak, Addl. Govt. Advocate

CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO

THE HON'BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

10.03.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Mar-2025 15:57:02

This contempt petition has been filed by the petitioner Nabaghana Jena for non-compliance of the order dated 18.09.2024 passed in W.P.(C) No.22364 of 2024 in directing the Collector and District Magistrate, Puri to take a decision on the representation filed by the petitioner vide Annexure-9 and pass appropriate order in accordance with law within a period of three months from the date of production of certified copy of the order.

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Learned counsel for the State has produced the written instruction dated 21.02.2025 received from the contemnor/opp. party which indicates that the order has already been complied with and the representation filed by the petitioner claiming for payment of compensation in respect of the land has been rejected. The written instruction is taken on record.

Let a copy of the decision taken report be handed over to the learned counsel for the petitioner.

In view of the compliance of the order dated 18.09.2024, the contempt petition stands dropped.

However, liberty is granted to the petitioner to challenge the order dated 21.02.2025 of the contemnor/opp. party before the appropriate forum.

( S.K. Sahoo)

Judge

(Savitri Ratho) Judge

sipun

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