Smruti Ranjan Dash vs. Ananta Gopal Satpathy, Exe. Engnr., Rural Works Divn.
Held
The Court held that the order passed on December 17, 2021, in W.P.(C) No. 39622 of 2021 had been complied with. The reasoning was based on the contents of the compliance affidavit filed by the opposite party. The affidavit detailed the steps taken, including the initial proposal for a work and the subsequent award of a work order for "FDR to Jaipur to Raghunathpur Road vide Adhapati Road" for an amount of Rs. 2.87 lakhs (with GST) on October 20, 2022. The Court found these actions sufficient to constitute compliance with its previous order. Consequently, the contempt petition was rendered infructuous. The operative direction was to dismiss the contempt petition.
Facts
The petitioner, Smruti Ranjan Dash, filed a contempt petition (CONTC No.5768 OF 2022) alleging non-compliance with an order passed by the High Court of Orissa on December 17, 2021, in W.P.(C) No.39622 of 2021. The opposite party, Ananta Gopal Satpathy, Executive Engineer, Rural Works Division, Jagatsinghpur, filed a compliance affidavit. The affidavit stated that initially, a work proposal for "S/R to Narua to Mulisingh Road" amounting to Rs. 5,00,000 was made in favour of the petitioner on March 15, 2022, but could not be awarded due to the exhaustion of financial year allotments. Subsequently, a work titled "FDR to Jaipur to Raghunathpur Road vide Adhapati Road" for Rs. 2.87 lakhs (with GST) was awarded to the petitioner on October 20, 2022, vide Divisional Agreement Number 52 P1 of 2022-23.
Key Issues
1. Whether the order passed by this Court dated 17.12.2021 in W.P.(C) No. 39622 of 2021 has been complied with, thereby rendering the contempt petition infructuous? The petitioner argued that the order was not complied with, leading to the filing of the contempt petition. The revenue (represented by the Executive Engineer) contended that steps were taken to comply with the court's order. Specifically, they submitted that a work was proposed and subsequently awarded to the petitioner, demonstrating compliance. They relied on the compliance affidavit detailing the actions taken and the award of a work order.
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Cause title — parties, addresses and appearances
ORDER 29.11.2022
Hybrid Mode 02. 1. By filing the present petition, the petitioner alleges non-compliance of the order passed by this Court dated 17.12.2021 disposing of W.P.(C) No.39622 of 2021 and prays the Court to proceed against the opposite party as per the provisions of the contempt of Court’s Act.
Mr. P.K. Mohanty, learned Additional Standing Counsel appearing on behalf of the opposite party refers to the compliance affidavit dated 15.11.2022 which is served on the learned counsel for the petitioner.
Regarding the steps taken for compliance of this Court’s order dated 17.12.2021 passed in W.P.(C) No. 39622 of 2021, at paragraphs-4 & 5 o
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