The High Court
Case Details
Order No. 22. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). No.21523 of 2014 Rashmini Sahoo …. Petitioner Mr. P. K. Das, Advocate State of Odisha & others …. Opposite Parties -versus-
Legal Reasoning
Mr. T. K. Biswal, AGA Mr. B. N. Udgata, Advocate, (for O.P. No.5) Mr. L. Pattnaik, Advocate, (for O.P.Nos.4(a) to 4(d) CORAM: JUSTICE SANJAY KUMAR MISHRA
Decision
ORDER 22.07.2024 This matter is taken up through hybrid mode. 2. The Writ Petition has been preferred challenging the warrant order dated 30th June, 2014 passed by the Certificate Officer-Cum-Tahasildar, Kaniha in OPDR Certificate Case No.01/2011-12. 3. While issuing notice to Opposite Parties, vide order dated 05.05.2015 passed in Misc. Case No.18887 of 2014, as an interim measure, a conditional stay order was passed by the Co-ordinate Bench, which is extracted below. “There shall be stay operation of the order issued on 3.7.2014, vide dated 30.6.2014 Annexure-1, passed by the Certificate Officer- Cum-Tahasildar, Kaniha in OPDR Case No.01/2011-12 subject to the petitioner depositing an amount of Rs.80,000/- (Eighty Thousand) before the Certificate Officer-Cum-Tahasildar, Kaniha within a period of fifteen days from today. Urgent certified copy of the order be granted in course of the day.” 4. On being noticed, the Opposite Party Nos.4 & 5 appeared and during pendency of the present Writ Petition, the Opposite Party No.4 died. The I.A. No.1982 of 2024 being filed by the Petitioner for substitution of the LRs of deceased-Opposite Party No.4 and the same being allowed, the LRs of deceased-Opposite Party No.4 have been arrayed as Opposite Party Nos. 4(a) to 4(d) and being noticed, have also appeared through their Counsel. 5. When the matter was taken up for hearing on 07.05.2024, a submission was made by the learned Counsel for the Opposite Party Nos.4(a) to 4(d) that the matter has been settled amicably. The Paragraph No.3 of the said order dated 07.05.2024, being relevant, is reproduced below. learned Counsel “3. Mr. L. Pattnaik, for Opposite Party Nos.4(a) to 4(d) submits, the matter has been settled amicably with the present Petitioner and detailing the terms of compromise, his clients, who are the legal heirs of deceased- Opposite Party No.4, have filed a joint Affidavit. Mr. Pattnaik further submits, as per instruction received, the Opposite Party No.4(a) being the wife of late Suresh Chandra Naik, and Opposite Party No.4(b) to 4(d) being the daughters and son of late Suresh Chandra Naik, they have no objection, if direction is given to the Certificate Officer-Cum- Tahasildar, Kanhia to release the deposited amount of Rs.80,000/- in favour of Opposite Party No.4(a). Learned Counsel for the Opposite Party Nos.4(a) to 4(d) is directed to file a better Affidavit including consent of with better particulars, Opposite Party Nos.4(b) to 4(d) to disburse the amount deposited before the Opposite Party No.2, in favour of Opposite Party No.4(a) and the said Page 2 of 5 Affidavit is either to be sworn before this Court or before the Executive Magistrate, Dhenkanal, and be filed before the next date of listing.” 6. Pursuant to the said Order, a joint Affidavit has been filed by the Opposite Party No.4(a) to 4(d) on 28th June, 2024, which is at Flag-6 of the brief. Paragraph Nos.4 to 8 of the said joint Affidavit dated 26th June 2024, being relevant, are extracted below. “4. That after the death of the victim late Suresh Chandra Naik the Op No.4 on dtd.22.09.2023, his legal representative were (d) substituted as O.P. No.4(a)(b)(c) and respectively. 5. That in the mean time the matter has been amicably settled in between the legal representative of the deceased victim and the owner of the vehicle out of court and the legal representatives were agreed the awarded amount of Rs.95,000/-(Ninety five Thousands) only as full and final settlement money. 6. That the deponent No 4(a) Sumati Naik is authorized to receive all payments, where the other deponents 4(b), (c) and (d) have no objection to it and they authorized her to receive all payments voluntarily. take to 7. That the present deponents i.e. legal representatives are satisfied by this arrangement towards executing the award in MACC NO.34 of 2006 and to close the litigation for ever on their own sweet will, without any outside pressure and voluntarily undertake not to claim any more amount from the owner towards Execution Case No 01/2011-12. 8. That the deponent no 4(a) (Rupees received Rs.15,000/- already fifteen thousand) from the owner and the rest Rs.80,000/-(Eighty Thousand) deposited with the Certificate Officer may be released in favour of op no.4(a) Sumati Naik and accordingly a direction is necessary from the Hon’ble amount of Page 3 of 5 High court for which the deponents are swearing this affidavit to file it in the Hon’ble High Court of Orissa, Cuttack for passing of appropriate order/orders.” (Emphasis supplied) 7. In view of the joint Affidavit filed before this Court, the Certificate Officer-Cum-Tahasildar, Kaniha (Opposite Party No.2) is directed to release the deposited amount of Rs. 80,000/- with accrued interest, if any, in favour of the Requisitioning Authority Additional District Judge-Cum-4th MACT, Talcher in M.A.C.C. No.34 of 2006 enabling the Presiding Officer, 4th MACT, Talcher to release the said amount in favour of the present Opposite Party No.4(a) namely Sumati Naik wife of late Suresh Chandra Naik . 8. Since the Opposite Party No.4(a) to 4(d) are not parties to Certificate Case No.01/2011-12, it is made clear that the Petitioner, who is the Certificate Debtor in Certificate Case No.01/2011-12, shall produce the certified copy of this Order before the Certificate Officer (OP No.2) within ten days hence. On production of the certified copy of this Order, the Certificate Officer shall do well to disburse the amount of Rs.80,000/- deposited before it pursuant to order dated 05.05.2015 of this Court, along with accrued interest, if any, in favour of the Certificate Holder i.e. Additional District Judge-Cum-4th MACT, Talcher within a period of 2 weeks from the date of production of the certified copy of this order and drop the certificate proceeding. 9. On receiving the said money from the Certificate Officer, the Certificate Holder i.e. Additional District Judge- Cum-4th MACT, Talcher shall do well to disburse the said money in favour of the Opposite Party No.4(a) namely, Page 4 of 5 Sumati Naik, wife of late Suresh Chandra Naik , within two weeks thereafter in accordance with law. 10. In view of the above, the warrant of arrest dated 30.06.2014, as at Annexure-1 issued against the Petitioner- Rashmini Sahoo is hereby set aside. 11. With the above observation and direction, the Writ Petition stands disposed of. No order as to cost. 12. Urgent certified copy of this order be granted on proper application as per rules. Judge (S. K. Mishra) Monalisa Signature Not Verified Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Odisha Date: 23-Jul-2024 19:07:37 Page 5 of 5