LAWS(ORI)-2012-9-43

INDRAMANI BISWAL Vs. STATE OF ORISSA

Decided On September 25, 2012
Indramani Biswal Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) BOTH these writ petitions along with the contempt petition were heard together by the consent of the learned counsel for the parties, which are connected to each other in relation to construction of the road to the domestic Airport of Bhubaneswar pursuant to the order dated 27.9.2004 passed by this Court in OJC No. 8090 of 1996 and the batch of cases. Accordingly, common judgment is passed in all these matters.

(2.) NECESSARY brief facts are stated in the judgment dated 27.9.2004 passed in the earlier writ petitions bearing OJC Nos.8090 of 1996, 7858 of 1998, 16607 of 1998 and 16419 of 1998. With a view to find out as to whether the writ petitioners are entitled for the reliefs as prayed for by them in the writ petitions and the complainants, who have initiated contempt proceeding bearing CONTC No. 388 of 2009 on the allegation of disobedience of the order dated 27.9.2004 passed in OJC No.8090 of 1996 and the batch of cases, certain relevant facts are stated hereunder. According to the complainants, there has been willful disobedience of the order, which amounts to civil contempt for which the contemnors are liable to be punished under the Contempt of Courts Act, 1971 read with the High Court Contempt Rules framed thereunder.

(3.) THE prayers made in these writ petitions are to issue rule in the nature of direction to the opposite parties to permanently restraining them from taking up the proposed eviction/ demolition work relating to the land and buildings of the petitioners described in the R.O.Rs. filed by the petitioners in Annexure -1 series and further to hold the notifications, if at all issued by the State Government for acquisition of lands and buildings of the petitioners, as null and void urging various facts and grounds.