Willful disobedience of a court order and lack of remorse can lead to conviction and sentencing under the Contempt of Courts Act.

JUDGMENT :

B.P. Das, J. - 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.

3. This Court by its order dated 6.10.2010 while issuing notice to the opposite parties passed the following orders.

W.P.(C) No. 17272 OF 2010 & M.C. NO. 16177/2010

Heard.

Issue notice to opposite party nos. 1 to 4 by registered Post with A.D. Requisites shall be filed within seven days.

Let three copies of the brief be served on the Learned Counsel for the State appearing for opposite party nos. 5 to 7.

Put up this matter on 25th October, 2010.

Perused the letter dated 15.9.2010 issued by the Commissioner, Bhubaneswar Municipal Corporation. It is stated that despite the undertaking of the petitioner that in case it is found during the measurement that she has encroached any portion of the Government land, she will remove the structure within a suitable given time, it is alleged that the Municipality without following due procedure is carving out a road inside the petitioner's land.

STATE OF ORISSA V. TARAKANTA MOHAPATRA (B.P. DAS, J.)

As an interim measure, we restrain opposite party nos. 1 to 3 from raising any construction/development on the land of the petitioner, i.e., an area of Ac.0.500 decimals of Gharabari Kissam in Sabik Plot No. 4766 under Sabik Khata No. 1180 situated in Sabik Mouza-West Badagada, Bhubaneswar, which now corresponds to a recorded area of Ac.0.488 decimals in Hal Plot no. 483 under Hal Khata No. 1337 of Hal Mouza Goutam Nagar, Bhubaneswar, without going for fresh measurement of the area in presence of the petitioner or her representative through an Amin deputed from the Civil Courts, for which requisition shall be made by O.P.3 to the District Judge, Khurda at Bhubaneswar.

Sd./- B.P. Das, J.

Sd./- S. Panda, J.

The Commissioner, Bhubaneswar Municipal Corporation, Bhubaneswar, Dist.-Khurda, the Recovery Officer, Bhubaneswar Municipal Corporation, Bhubaneswar, Dist.-Khurda and Sri Nrupesh Kumar Nayak, Corporator, Ward No. 52, Bhubaneswar Municipal Corporation, Bhubaneswar, Dist.-Khurda have been arrayed as O.Ps.2, 3 & 4 respectively.

According to the petitioner, the aforesaid land was acquired on 12.3.1936 on the basis of a lease granted by the Collector, Puri in favour of late Dukhishyam Mitra, the father-in-law of the petitioner for residential purpose and the lease was continuing in peaceful possession thereof by constructing pucca boundary wall up to the height of 5 feet to 6 feet on all sides and growing different types of permanent trees. After the death of the petitioner's father-in-law, the aforesaid property was partitioned amongst his sons and the said property was put into the share of her husband, Late Ajit Kumar Mitra, who constructed his residential building on eastern half of the said plot and the western half remained vacant and it was used for plantation of different kinds of trees. The husband of the petitioner died on 27.1.2004 leaving behind the petitioner and s