The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC NO. 3519 OF 2023 Narayan Manik …. Petitioner Mr. Jitendra Kumar Naik, Advocate -versus- Manoranjan Mohapatra, OAS (I) …. Mr. Dayananda Mohapatra, Advocate Opp. Party CORAM: JUSTICE K.R. MOHAPATRA Order No.
Decision
ORDER 02.11.2023 This matter is taken up through hybrid mode. 2. 1. 2. This contempt petition has been filed alleging non- compliance of the order dated 7th September, 2022 passed in W.P.(C) No.15892 of 2022. 3. This Court considering the matter vide order dated 7th September, 2022 disposed of the said writ petition with the following direction: “2. Considering that the request of the Petitioner for issuing 3rd party transfer application for sale of the plot no.8-2F/225 in Sector-8 of Bidanasi Project Area is still pending with Secretary, Cuttack Development Authority and finding that this is a pending case, this Court directs the Secretary, Cuttack Development Authority to look into the request of the Petitioner and take a lawful decision in the matter, if necessary, involving the parties likely to be affect involving the very same property. 3. The entire exercise shall be completed within a period of two months from the date of communication of a certified copy of this order along with a copy of the petition by the Petitioner.” Page 1 of 5 // 2 // But the Cuttack Development Authority (CDA) did not take any step in the matter pursuant to the aforesaid order. Hence, the Petitioner filed CONTC No.3 of 2023, which was disposed of vide order dated 6th February, 2023 with the following order. Heard learned counsel for the Parties. This Contempt Petition involves the following 1. 2. prayer:- "Therefore, it is humbly prayed that this Hon'ble Court would graciously be pleased to issue notice of contempt to the Opp. Party to show cause as to why he should not be punished under the Contempt of the Court's Act, and to serve the prison period in jail, which is provided in the Contempt of the Court's Act. And for which act of kindness, the petitioner as in duty bound shall ever pray." material produces learned counsel This Contempt Petition involves non- 3. compliance of this Court's order dated 07.09.2022 passed in W.P.(C) No.15892 of 2022. for the 4. Mr.Mohapatra, through Contemnor correspondence dated 02.02.2023 bringing to the notice of this Court that the Development Authority is ready to part away with the transfer application form in favour of the Petitioner herein and submits once the Petitioner receives form and submitting in necessary compliance, decision as appropriate shall be taken by the Authority completing in all respect in a position to have further exercise in terms of W.P.(C) No.15892 of 2022 . 5. With this observation, the Contempt Petition stands dropped.” the same transfer the 4. It is alleged by Mr. Naik, learned counsel for the Petitioner that although pursuant to the order dated 6th February, 2023 passed in CONTC No.3 of 2023, application form was Page 2 of 5 // 3 // issued and the Petitioner as well as intending purchaser were noticed, but the Secretary, Cuttack Development Authority instead of allowing third party transfer intimated the Petitioner vide his Letter No.6074 dated 28th April, 2023 (Annexure-B to the show cause affidavit filed by Opposite Party) that since the plot of the Petitioner is included in the Task Force Report submitted by Mr. Tara Dutta, the application for third party transfer cannot be considered for the present. Relevant portion of letter under Annexure-B is as follows: “Sir, intimate you With reference to the subject cited above, it is to that on examination of your application for third party transfer of Plot No- 2F/225, Sector-8 in favour of Smt. Swarnalata Rout, it is found that the said plot has been included in the Task Force Report vide SL. No-1127, Annexure-VB "Details of third party transfers in CDA". In this connection, the Govt. in General Administration & Public Grievance Department has been moved for issuance of necessary instruction for regularization of allotment of Plot No- 2F/225, Sector-8 for further transfer to third party vide CDA office letter No- 10876/CDA Dt.26.10.2022 and the communication in this regard from Govt. level is awaited. So, your application for third party transfer of favour of Smt. Plot No-2F/225, Sector-8 Swarnalata Rout is not considered at present.” in 4.1 It is further alleged that 3rd party transfer application form was not being issued to the Petitioner taking the plea that plot of the Petitioner is included in the Task Force Report. Considering that, this Court in W.P.(C) No.15892 of 2022 directed as above and ultimately the Petitioner was issued with 3rd party transfer application form and both the Petitioner as Page 3 of 5 // 4 // well as intending purchaser were noticed to appear before the CDA. But again taking the plea that plot of the Petitioner is included in the Task Force Report, letter under Annexure-B has been issued. As such, communication made under Annexure-B is nothing but contempt of this Court. The Opposite Party has intentionally flouted the order of this Court. Hence, he is liable to be punished under the Contempt of Courts Act. 5. Mr. Mohapatra, learned counsel for CDA referring to the show cause affidavit filed by Opposite Party submitted that pursuant to the direction of this Court in W.P.(C) No. 15892 of 2022, the Petitioner was issued with 3rd party transfer application form and both the Petitioner and intending purchaser were given opportunity of hearing. But, in view of the Task Force Report, wherein it is recommended not to take up further transfer of those plots included in the Task Force Report, the Opposite Party is constrained to take a decision as communicated under Annexure-B. It is his submission that the authority had also sought for a clarification from the Government in G.A. and P.G. Department in that regard, but the same is yet to be received. Since no clarification has yet been received, the Opposite Party has no other option than to communicate the Petitioner that his application cannot be considered at present. 6. In view of the above, this Court is of the considered opinion that in view of Task Force Report, the CDA is not in a position to allow the application submitted by the Petitioner for 3rd party transfer. Thus, action of Opposite Party as well as the Page 4 of 5 // 5 // letter issued under Annexure-B cannot be said to be a contempt of this Court. 7. Accordingly, the CONTC is dropped. 8. However, the Petitioner is at liberty to take appropriate steps in accordance with law for redressal of his grievances. Urgent certified copy of this order be granted on proper application. bks (K.R. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: BIJAY KUMAR SAHOO Reason: Authentication Location: High Court of Orissa, Cuttack Date: 03-Nov-2023 18:50:46 Page 5 of 5