ER HEMANTA KUMAR PRADHAN Vs. BIRAKISHORE PATEL

JUDGEMENT

(1.) THIS application has been filed by the Petitioner under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 alleging violation of order dated 13.12.2007 passed by this Court in Misc. Case No. 2247 of 2007 arising out of Criminal Revision No. 1483 of 2007 preferred by opposite party No. 1 against the Petitioner and State of Orissa. Opposite party No. 2 does not figure as a party in the revision. The interim order, which is being extended from time to time till date, alleged to have been violated, reads as follows :

(2.) CRIMINAL Revision No. 1483 of 2007 is directed against order dated 5.12.2007 passed by the learned S.D.J.M., Angul in C.P. Ill Case No. 298 of 2007. It is averred in the contempt application that order dated 5.12.2007 was passed by the learned S.D.J.M, Angul in response to application filed by opposite party No. 1., copy of which is at Annexure -4.

(3.) IN order to appreciate rival claims of Petitioner and opposite party No. 1 in this application to be in possession over Kalinga Institute of Mining Engineering and Technology (for short 'KIMET'), Chhendipada, it is necessary to refer to the order passed by the learned S.D.M., Angul in C.P.III Case No. 298 of 2007. The proceeding initiated under Section 144 Code of Criminal Procedure by order dated 22.11.2007 reads as follows :