The court applied the procedure providing limitation by rule-10 against the applicant for reckoning the prescribed period of 30 days from the date of compliance affidavit.

JUDGMENT

Arindam Sinha, J. - Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of alleged contemner no.2 and submits, compliance affidavit dated 16th January, 2023 has been filed and copy served. He points out from order sheet recorded by Tahsildar, G. Udayagiri that by order dated 13th May, 2022, e-CAS/1434/2018 was disposed of. He submits, there was compliance thereby with direction in order dated 11th December, 2021, made by coordinate Bench disposing of applicant's writ petition. He tenders unqualified apology for delayed compliance.

2. Mr. Seth, learned advocate appears on behalf of applicant and submits, rule-10 in Odisha Miscellaneous Certificate Rules, 2019 provides for appeal and limitation of 30 days from date of the order. He submits, the information being basis of assertion that there has been compliance, was not supplied to his client.

3. On query from Court Mr. Sharma submits, there is no statement in the compliance affidavit regarding supply of copy of order dated 13th May, 2022 to applicant.

4. Contempt has been alleged, as committed by alleged contemner, for violation of direction in order dated 11th December, 2021. The order stands disclosed in the application. The order says none appeared on behalf of petitioner (applicant) but Additional Government Advocate was present. Direction was made by co-ordinate Bench on Tahsildar, G. Udayagiri to dispose of the certificate case in accordance with law, within six weeks from date of receipt of certified copy of the order. Applicant duly communicated.

5. Perused said order dated 13th May, 2022. It says the case was taken up that day. However, said order does not record presence of applicant, when the order was made. There is also direction to intimate to all concerned. Still, the affidavit does not say there was intimation of the order to applicant. In such circumstances, procedure providing limitation by rule-10 must be applied against applicant for reckoning the prescribed period of 30 days, from 16th January, 2023 in event applicant prefers appeal against said order dated 13th May, 2022.

6. In light of above observations, the apology and compliance is accepted. The proceeding is dropped.

7. The contempt application is disposed of.