Orissa High Court
Manorama Mohapatra vs Mr. Pattanayak on 2 March, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.4562 of 2022
Manorama Mohapatra .... Applicant
-Versus-
Rabindra Kumar Pradhan, OAS(I), .... Alleged
Tahasildar, Puri Sadar Contemner
Advocates appeared in this case:
For applicant : Mr. Prassana Kumar Pattanayak, Advocate
For alleged contemner: Ms. Suman Pattanayak,
Addl. Govt. Advocate
CORAM: JUSTICE ARINDAM SINHA
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Date of hearing and Judgment: 02.03.2023
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1. Mr. Pattanayak, learned advocate appears on behalf of
applicant and submits, there has been wilful and deliberate
violation of directions made by coordinate Bench in order
dated 19th January, 2021, disposing of his client's writ
petition.
2. Two paragraphs from said order are reproduced below.
"According to Mr. Pattanayak, the
petitioner is aggrieved by non-issuance of legal
heir certificate by the authorities. During
course of hearing, he submits that liberty may
be granted to the petitioner to approach the
Tahasildar, Puri Sadar (opposite party no.4)
afresh in the matter for issuance of legal heir
certificate and further prays that the said
opposite party be directed to take a decision on
such motion within a stipulated time period.
Considering the submissions made and
without expressing any opinion on the merits of
the case, this Court grants liberty to the
petitioner to approach the Tahasildar, Puri
Sadar (opposite party no.4) by filing a fresh
application as per the provisions of Orissa
Miscellaneous Certificate Rules through
Registered Post along with a copy of this order
within a period of two weeks. In the event such
an application is received by the opposite party
no.4, the said opposite party is directed to take a
decision on the same in accordance with law
within a period of six weeks from the date of
receiving of such application and communicate
the results of such exercise to the petitioner."
(emphasis supplied)
3. Ms. Pattanayak, learned advocate, Additional
Government Advocate appears on behalf of alleged contemner
and submits, show cause dated 30th January, 2023 and
additional show cause dated 27th February, 2023 have been
filed. She submits, legal heir certificate could not be issued
because applicant did not cooperate in giving particulars of
her residence in Puri Tahsil. Proper enquiry could not be
made. She submits further, only information obtained was
applicant and her relatives had left Puri Tahsil long ago.
4. There was made order dated 6th February, 2023 in the
application, whereby on consideration of prescribed Form
no.2 under the procedure by rule 3 in Odisha Miscellaneous
Certificates Rules, 2017, it was found that the form does not
carry any requirement of self declaration, required by office of
alleged contemner, for issuance of the certificate.
5. The legal heir certificate wanted is in respect of Harihar
Mohapatra, petitioner's father-in-law, who used to work as
night watchman in EHT Division, Joda. On him dying in
harness, her husband, it was submitted, moved from pillar to
post to obtain legal heir certificate. Her husband also died.
Hence, applicant (widow) filed WP(C) no.38746 of 2020
seeking direction for issuance of legal heir certificate, to her,
giving rise to this contempt application.
6. In this context it would be relevant to reproduce
petitioner's prayer in the writ petition.
"It is therefore prayed that your Lordships'
would be pleased and kind enough to admit this
Writ petition and after hearing the counsels of
both the sides issue Writ/Writs in the nature of
mandamus to the Opposite Parties to issue a
legal heir certificate in favour of the innocent
petitioner or to accept the temporary legal heir
certificate issued by Tahasildar, Barbil for
settlement of the pending dues of Harihar
Mohapatra and other benefits within a
stipulated time period in the interest of justice."
(emphasis supplied)
Mr. Pattanayak draws attention to annexure 8 in the writ
petition being letter dated 21st July, 2023 written by Executive
Engineer (Electric) to Tahsildar, Puri. Text of the letter is
reproduced below.
"With reference to the letter cited above, this is to
intimate you that Late Harihara Mahapatra, Ex-
Night Watchman of this Division had expired on
07/12/1987 by heart failure. As per the entry in
his Service Book, he was son of late Rama
Chandra Mahapatra of Village-Markandeswar
Sahi, P.O./Dist.-Puri, According to the record
the Tahasildar, Barbil had issued legal heir
certificate vide his letter No.557 Dated
30/09/1988 and instructed to implement the
certificate after verification at the home Tahasil
in the district of Puri.
Now the Collector, Keonjhar and one Sri
Trilochan Mahapatra are pressing hard to
release the legal dues of late Mahapatra, Ex-
N.W.M.
It is to request you kindly verify the legal heir
certificate issued by Tahasildar Barbil and issue
a fresh legal heir certificate at an early date for
taking further action at this end."
(emphasis supplied)
7. Ms. Pattanayak submits, additional show cause has
been filed. In its stands disclosed letter dated 22nd February,
2023 written by Tahsildar, Puri to the Deputy General
Manager. Two paragraphs from the letter are reproduced
below.
"Now we have thoroughly verified the
land records and physically verified from the
local inhabitants of Mouza
Balisahi/Markandeswarasahi of Puri Town
through our field functionaries i.e. Rls & RS and
found that as they are not ordinarily resides in
the area, the where about of his family members
are unknown to every inhabitants of the local
people.
Hence the Legal heir Certificate issued
by the Tahasildar Barbil Vide No.-557/1988
may be treated as Correct as we have nothing to
add or delete from the list of legal heirs and his
legitimate claims as Ex-employee be settled as
per provision of law."
8. Considering that applicant, as legal heir of deceased
employee, Harihar Mohapatra (Ex-night watchman) her
father-in-law, had filed the writ petition to enable
disbursement of the dues in her favour and the engineer had
requested Tahsildar, Puri to verify legal heir certificate issued
by Tahsildar, Barbil and issue of fresh legal heir certificate at
an early date for taking further action, Tahsildar Puri saying
by said letter dated 22nd February, 2023 that legal heir
certificate issued by Tahsildar, Barbil may be treated as
correct as nothing is to be added or deleted therefrom, there
should be no difficulty in disbursing the dues. It may not be
out of place to add that the employer will disburse the dues on
satisfaction of identity of the legal heir(s) by production of
legal heir certificate. Applicant-claimat has already issued in
her favour legal heir certificate from Tahsildar, Barbil. There
was no occasion for the employer to request Tahsildar, Puri to
issue fresh legal heir certificate. Act done by Tahsildar, Barbil
must be taken to have been done in accordance with the rules
of procedure.
9. Needless to say there should not be any further
difficulty in dealing with applicant's claim for disbursement
of benefits and other claims, on her identity as legal heir of
said Harihar Mohapatra, since deceased.
10. Compliance is accepted. The proceeding is dropped.
The contempt application stands disposed of.
(Arindam Sinha)
Judge
R.K.Sethi
