STATE OF ORISSA Vs. TARAKANTA MOHAPATRA & ORS.

JUDGEMENT

(1.) THIS contempt proceeding has been initiated against the contemnors for willful violation of the order of this Court dated 6.10.2010 passed in Misc. Case No. 16177/2010 arising out of W.P.(C) No. 17272/2010.

(2.) THE brief facts leading to this proceeding are that one Mrs. Dipti Mitra wife of Late Brigadier Ajit Kumar Mitra aged about 80 years, of Bhubaneswar filed W.P.(C) No. 17272/2010 with a prayer to issue a Writ of Mandamus to the opposite parties particularly opposite party nos. 1 & 2 to stop the construction over the suit land in question, i.e., Sabik Plot No. 4766 under Sabik Khata No. 1180 situated in Sabik Mouza -West Badagada, Bhubaneswar of area Ac.0.500 decs, of homestead land, which now corresponds to Hal Mouza -Goutam Nagar, Hal Khata No. 1337, Hal Plot No. 483 with recorded area of Ac.0.488 decs. as per the current settlement of 1995, to direct the Tahasildar, Bhubaneswar to make an official measurement of the suit land of the petitioner and to demarcate the road and give proper opportunity of hearing to the petitioner before taking any coercive steps for eviction/demolition in respect of the suit land. This Court by its order dated 6.10.2010 while issuing notice to the opposite parties passed the following orders.

(3.) THEREAFTER , the petitioner challenging the said demolition approached this Court in W.P.(C) No. 17272/2010 and this Court by order dated 6.10.2010 while issuing notice to the opposite parties passed restraint order, which is quoted above.