Surendra Kumar Gaan vs Tapan Kumar Parida
2022 Latest Caselaw 1524 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CONTC NO. 1126 OF 2022
                 Surendra Kumar Gaan                     ....      Petitioner
                                                   Mr. Manoja Kumar Pati,
                                                                Advocate
                                        -versus-
                 Tapan Kumar Parida, O.R.S.-cum-       .... Opp. Party
                 Tahasildar, Badamba
                                                Mr. Dillip Kumar Mishra,
                                       Additional Government Advocate
                       CORAM:
                      JUSTICE K.R. MOHAPATRA
                                      ORDER

Order No.                            24.02.2022

   1.       1.      This matter is taken up through hybrid mode.

2. The Petitioner in this contempt petition alleges non- compliance of the order dated 6th April, 2018 passed in W.P.(C) No. 4542 of 2018, wherein direction was made to conclude the Mutation Case No. 13 of 2017 within a period of three months from the date of communication of the certified copy of the said order by giving opportunity of hearing to the parties concerned.

3. Although the order was passed in the year, 2018, the contempt petition was presented on 7th February, 2022 without explaining the delay. However, a show cause affidavit has been filed by the Tahasildar, Badamba, wherein he has enclosed the order sheet of Mutation Case No. 13 of 2017.

4. On perusal of the order sheet, it appears that due to pendency of RFA No. 20 of 2019 in the court of learned Additional District Judge, Athagarh assailing the judgment and decree dated 24th January, 2017 and 4th February, 2017 respectively passed by learned Addl. Civil Judge (Junior

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Division), Badamba in C.S. No. 24 of 2015, the Tahasildar, Badamba could not proceed with the mutation case.

5. In that view of the matter, this Court has no other option than to drop the proceeding.

6. Accordingly, the CONTC is dropped.

Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge bks