CONTC/370/2020
2021 Latest Caselaw 4841 Ori

                         CONTC No.370 of 2020




6.   8.04.2021         This matter is taken up by video conferencing mode.
                       Heard learned counsel for Petitioner.
                       This contempt petition is filed for working out the
                 judgment of this Court passed in W.P.(C) No.20728 of 2012
                 on 27.03.2019.
                       From the submission of Mr. S.P. Panda, learned
                 counsel for the Opposite Party-contemnor, it appears, being
                 aggrieved with the said judgment the State-authorities have
                 approached the Division Bench of this Court in filing W.A.
                 No.627 of 2019. It also appears, in the meantime the State-
                 Authorities had approached the Hon'ble apex Court and the
                 Hon'ble apex Court declined to entertain the SLP(C)
                 No.38178 of 2019; may be with permission for filing writ
                 appeal. A fare statement is also made by Mr. S.P. Panda,
                 learned counsel that no interim order of stay has been
                 passed in W.A. No.627 of 2019 except there has been some
                 hearing involving the W.A. No.627 of 2019. In such view of
                 the matter and as this Court finds, mere filing of the writ
                 appeal particularly in absence of any interim order therein,
                 cannot stand on the way in working-out the judgment
                 dated 27.03.2019 passed in W.P.(C) No.20728 of 2012. It
                 is, in this view of the matter, this Court finds, there is no
                 legal impediment in working-out the judgment dated
                 27.03.2019 passed in W.P.(C) No.20728 of 2012. In the
                 process, this Court directs the Opposite Party-contemnor to
                 work out the direction of this Court given in W.P.(C)
                 No.20728 of 2012 on 27.03.2019, which is, however,
                 conditional and subject to the final outcome in the writ
                 appeal baring W.A. No.627 of 2019.
                                 2




               With the aforesaid observation and direction the
       contempt petition stands disposed of. Failure in compliance
       of   this   direction   may   invite   a   suo   motu   contempt
       proceeding.
               As restrictions due to COVID-19 situation are
       continuing, learned counsel for the parties may utilize a
       soft copy of this order available in the High Court's website
       or print out thereof at par with certified copy in the manner
       prescribed, vide Court's Notice No.4587, dated 25th March,
       2020.


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(Biswanath Rath, J.) Ayas