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IN THE HIGH COURT OF ORISSA, CUTTACK

CONTC NO.__________OF 2024
(Arising out of W.P (C) No.18481 of 2023
-Disposed of on 21.08.2023)

IN THE MATTER OF: -

An application Under Section 12 of the
Contempt of Court’s Act.
AND
IN THE MATTER OF: -
An application challenging the action of the
Opposite parties in not complying with the order
dated. 21.08.2023 passed in W.P.(C) No. 18481
of 2023 by this Hon’ble Court.
AND
IN THE MATTER OF: -

Akshaya Kumar Sahoo, aged about 61 years, Son

of Late Ramchandra Sahoo, Residing of At- Flat
No-A-106, Kokila Enclaves Phase -02,
Pokhariput, Bhubaneswar, Dist:-Khurda ,Pin:-
751020. … PETITIONER
-Versus-
1. Bishnupriya Behera, The then Additional
Tahsildar-Cum-Sub-Registrar, Nimapada Tahasil,
Dist – Puri, at present working as : Additional
Tahsildar, Office of the Tahsildar, Chilika, At
P.O./P.S.- Gangadharpur, Dist – Khurda, Pin:-
752034.
 -2-

2. Niranjan Nayak, presently working as

Additional Tahsildar-Cum-Sub-Registrar,
Nimapada Tahasil Office, Dist – Puri, Pin:-
752016.
…. CONTEMNORS /OPP. PARTIES

The matter out of which was before this Hon’ble Court in

W.P. (C) No. 18481 of 2023, disposed off vide order dated.
21.08.2023 as per instructions received.

To,
The Hon’ble Chief Justice, Orissa High Court and His
Lordships’ Companion Justices of the Hon’ble Court
The Humble petition of the
Petitioner above-named;

MOST RESPECTFULLY SHEWETH: -

1. That the petitioner is filing this Contempt Application

alleging non-compliance of the order dated. 21.08.2023
passed by this Hon’ble High Court in W.P. (C) No. 18481 of
2023 by this Hon’ble Court.
2. That the petitioner has filed the Writ Petition seeking a
direction to Opposite Party/ Contemnor No. 2 (Tahsildar -
Cum-Sub-Registrar, Nimapada) allow to sell the petitioners
property to the third party.
3. That the Writ petition was disposed off on. 21.08.2023
with observation that since the Sale deed has already been
presented in the meantime and an online slot has been allotted
 -3-

in favour of the petitioner, the Opposite Party/ Contemnor

No. 2 (Tahsildar - Cum-Sub-Registrar, Nimapada) shall take
a decision on the same as expediously as possible and if the
Opposite Party/ Contemnor No. 2 (Tahsildar - Cum-Sub-
Registrar, Nimapada) finds that there is no legal impediment
to the Registered sale deed, he shall do so fore with. In any
event, if the Tahsildar-Cum-Sub-Registrar, Nimapada finds
that the sale deed presented would not be registered, he shall
pass an order in terms of Sec.71 of the Registration Act, 1908
with in a period of Four weeks from the date of online slot
given to the petitioner and communicate the decision to him.
The copy of the order dated. 21.08.2023 passed in W.P. (C)
No. 18481 of 2023 by this Hon’ble Court is annexed herewith
and marked as ANNEXURE-1.
4. That the petitioner has communicated the said order to
the Opposite Parties/Contemnors on. 05.09.2023 and booking
online slot ticket for registration of the property in question.
The copy of such communication dated. 05.09.2023 to the
office of Tahsildar-Cum-Sub-Registrar, Nimapada and online
slot booking ticket dated. 05.09.2023 are annexed herewith
and marked as ANNEXURE-2 SERIES.
5. That it is submitted that the Tahsildar-Cum-Sub-
registrar, Nimapada issue notice to the petitioner with a
request to remain present before the office of Sub-Registrar
on. 18.09.2023 with all required information’s for further
register and discussion on the topic. Accordingly, after
 -4-

receive oof the said notice the petitioner remain present

before the Office of the Sub-Registrar on date fixed but
instead of taking positive steps with regards to registration of
property in favour of Third Party the Sub-Registrar (Opposite
Party/Contemnor No. 2) remain silent over the matter. The
copy of the Notice dated. 18.09.20234 issued by the
Tahsildar-Cum-Sub-Registrar, Nimapada is annexed herewith
and marked as ANNEXURE-3.
6. That due to remain silent over the issue by the Opposite
Parties/Contemnors the petitioner wrote an application dated.
27.09.2023 questioning the why not allow the registration of
the sale deed even though slot is allotted to the petitioner on.
05.09.2023. The copy of the application on. 27.09.2023 by
the petitioner to the Tahsildar-Cum- Sub-Registrar, Nimapada
is annexed herewith and marked as ANNEXURE -4.
7. That even though the representation has been made time
and again by the petitioner with a request to register the sale
deed in favour of the petitioner but though the Tahsildar-
Cum-Sub-Registrar, Nimapada is not responding. The
petitioner again submitted the representation dated.
10.01.2024 then 15.01.2024 then 07.02.2024 then 09.02.2024
and subsequently on. 13.03.2024 with a request to allow him
to register the sale deed and further asking if not allowing
then appropriate order be passed by stating reason as per the
order passed by this Hon’ble Court. The copy of such
representations made by the petitioner to the Tahsildar-Cum-
 -5-

Sub-Registrar, Nimapada are annexed herewith and marked

as ANNEXURE-5 SERIES.
8. That it is submitted that even though online slot was
provided to the petitioner on. 05.09.2023 but not allowing to
register the property so also not pass any appropriate order in
terms of Section 71 of the Registration Act with in a period of
Four weeks from the date of online slot given to the
petitioner. In such view of the matter the Opposite
Parties/Contemnors has not comply the order
dated.21.08.2023 passed in W.P.(C) No. 18481 of 2023 as
directed by this Hon’ble Court even though several
representation and reminder submitted by the petitioner file
this present contempt application before this Hon’ble Court
though the Opposite Parties/Contemnors are playing hide and
seek game with the petitioner time and again which shows
their intension not to comply the order passed by this Hon’ble
Court. Further, it is made clear that their intension shows not
to comply with the order passed by this Hon’ble Court in the
Writ petition. Therefore, it is seen that the Opposite
Parties/Contemnors has deliberately and intentionally flouting
the orders of this Hon’ble Court.
9. That under the aforesaid facts and circumstances it is
made clear that the opposite parties/contemnors have
deliberately and willfully violated this Hon’ble Court’s order
by not complying with the same and as such is liable to be
punished under the Contempt of Court’s Act.
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PRAYER
The petitioner, therefore, most humbly prays that
this Hon’ble Court may be graciously be pleased to admit this
Contempt Application and further be pleased to issue notice
to the Opposite Party/Contemnor to show cause as to why
appropriate proceeding under Contempt of Court’s Act shall
not be initiated and the Opposite Party/Contemnor shall not
be punished for deliberately and willful violation of the
direction passed by this Hon’ble Court under the provisions
of Contempt of Court’s Act.
And / or to pass such other order (s), direction (s) as
this Hon’ble Court may deem fit and proper in the facts and
circumstances of the present case.
And for this act of kindness the petitioner shall as
in duty bound ever pray.

CUTTACK

DATE.03.04.2024 ADVOCATE FOR THE PETITIONER

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IN THE HIGH COURT OF ORISSA, CUTTACK

CONTC NO.__________OF 2024
(Arising out of W.P (C) No.18481 of 2023
-Disposed of on 21.08.2023)
CODE NO. ________
IN THE MATTER OF:
Akshya Kumar Sahoo …… PETITIONER
-Versus-
Bishnupriya Behera and Another
……OPP.PARTIES/ CONTEMNORS
AFIDAVIT
1. I, Akshaya Kumar Sahoo, aged about 61 years, Residing of At-
Flat No-A-106, Kokila Enclaves Phase -02, Pokhariput,
Bhubaneswar, Dist:- Khurda, Pin:-751020,
2. Father’s Name: Late Ramchandra Sahoo.
3. Number of proceeding(s) pending in the High Court or would
be instituted (Caveat) : No.
4. Statement of Facts: As per averments in the Contempt
application.
5. The facts stated are true to the best of my knowledge and
belief of the Deponent/Petitioner.
DECLARATION
I, Akshaya Kumar Sahoo, aged about 61 years, Son
of Late Ramchandra Sahoo, Residing of At- Flat No-A-106,
Kokila Enclaves Phase -02, Pokhariput, Bhubaneswar, Dist:-
Khurda, Pin:-751020, being the Deponent/ Petitioner above
 -8-

named, do hereby solemnly affirms that the facts stated in

Paragraphs – 1 to 9 are true to my knowledge and true to the
best of my information which I obtained from the personal
sources.
I believe the information to be true for the following
reasons: Basing upon Official Records and information.
Solemnly declare at Cuttack the above said this April,
2024.
IDENTIFIED BY/-

ADVOCATE DEPONENT.

Solemnly affirms before me by Akshaya Kumar

Sahoo who is identified before me by
Shri…………………………………
whom I personally known.
This the day of April, 2024.

SIGNATURE BEFORE ME
COMISSIONER OF OATH
(NOTARY PUBLIC, CUTTACK)
CERTIFICATE
Certified that due to non-availability of cartridge paper thick
white paper has been used.
CUTTACK
DATE: 03.04.2024 ADVOCATE.
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IN THE HIGH COURT OF ORISSA, CUTTACK

CONTC NO.__________OF 2024
(Arising out of W.P (C) No.18481 of 2023
-Disposed of on 21.08.2023)
CODE NO. ________
IN THE MATTER OF:
Akshaya Kumar Sahoo …… PETITIONER
-Versus-
Bishnupriya Behera and Another
……OPP.PARTIES/ CONTEMNORS
INDEX
SL. No. DESCRIPTION OF DOCUMENTS PAGES

1. APPENDIX-I A
SYNOPSIS
2. APPENDIX-II B
LIST OF DATES AND EVENTS
3. CONTEMPT PETITION –
4. ANNEXURE-1.
The copy of the order dated. –
21.08.2023 passed in W.P. (C) No.
18481 of 2023 by this Hon’ble Court.
5. ANNEXURE-2 SERIES.
The copy of such communication -
dated. 05.09.2023 to the office of
Tahsildar-Cum-Sub-Registrar,
Nimapada and online slot booking
 -10-

ticket dated. 05.09.2023.

6. ANNEXURE-3.
The copy of the Notice dated. –
18.09.20234 issued by the Tahsildar-
Cum-Sub-Registrar, Nimapada.
7. ANNEXURE-4.
The copy of the application on. -
27.09.2023 by the petitioner to the
Tahsildar-Cum- Sub-Registrar,
Nimapada.
8. ANNEXURE-5 SERIES.
The copy of such representations made –
by the petitioner to the Tahsildar-Cum-
Sub-Registrar, Nimapada.
9. VAKALATNAMA

CUTTACK
DATE. 03.04.2024 ADVOCATE FOR THE PETITIONER
(ANANTA NARAYAN PATTANAYAK)
ENROLMENT NO. 0-654/2012
MOB:-7978455885/943990627
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APPENDIX- I A
IN THE HIGH COURT OF ORISSA, CUTTACK
CONTC NO.__________OF 2024
(Arising out of W.P (C) No.18481 of 2023
-Disposed of on 21.08.2023)
CODE NO. ________
IN THE MATTER OF:
Akshaya Kumar Sahoo …… PETITIONER
-Versus-
Bishnupriya Behera and Another
……OPP.PARTIES/ CONTEMNORS
SYNOPSIS
That the petitioner has filed Contempt application
before this Hon’ble Court due to non-compliance of the order
dated. 21.08.2023 passed by this Hon’ble High Court in W.P.
(C) No. 18481 of 2023 though the petitioner has
communicated the said order to the Opposite Parties/
Contemnors and made several representations time and again
but despite receiving the order the Opposite Party/Contemnor
has not been complied till yet. Hence, this Contempt
application.
CUTTACK
DATE. 03.04.2024 ADVOCATE FOR THE PETITIONER
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APPENDIX- II B
IN THE HIGH COURT OF ORISSA, CUTTACK
CONTC NO.__________OF 2024
(Arising out of W.P (C) No.18481 of 2023
-Disposed of on 21.08.2023)
CODE NO. ________
IN THE MATTER OF:
Akshaya Kumar Sahoo …… PETITIONER
-Versus-
Bishnupriya Behera and Another
……OPP.PARTIES/ CONTEMNORS
LIST OF DATES AND EVENTS
SL.No. DATE EVENTS
1. 21.08.2023 This Hon’ble Court passed order in W.P.
(C) No. 18481 of 2023 directing since the
has already been presented in the meantime
and an online slot has been allotted in favour
of the petitioner, the Opposite Party/
Contemnor No. 2 (Tahsildar - Cum-Sub-
Registrar, Nimapada) shall take a decision
on the same as expediously as possible. The
copy of the order is at Annexure-1.
(At Page-)
2. 05.09.2023 The petitioner communicated the order
dated. 21.08.2023 passed in W.P.(C) No.
18481 of 2023 to the Tahsildar-Cum-Sub-
 -13-

Registrar, Nimapada. The copy of

communication is at Annexure-2 Series.
(At Page - )
3. 05.09.2023 The Petitioner booked online slot ticket for
registration of the property in question. The
copy of the Online Slot booking ticket are at
Annexure-2 Series. (At Page-)
4. 18.09.2023 TheTahsildar-Cum-Sub-registrar, Nimapada
issue notice to the petitioner with a request
to remain present before the office of Sub-
Registrar with all required information’s for
further register and discussion on the topic.
The copy of the notice is at Annexure-3.
(At Page-)
5. 27.09.2023 The petitioner wrote an application
questioning why not allow the registration
of the sale deed even though slot is allotted
to the petitioner. The copy of the application
is at Annexure-4.
(At Page - )
6. 10.01.2024 The petitioner submitted the representation
with a request to allow him to register the
sale deed and further asking if not allowing
then appropriate order be passed by stating
reason as per the order passed by this
Hon’ble Court. The copy of the
 -14-

representation is at Annexure-5 Series.

(At Page - )
7. 15.01.2024 The petitioner submitted the representation
with a request to allow him to register the
sale deed and further asking if not allowing
then appropriate order be passed by stating
reason as per the order passed by this
Hon’ble Court. The copy of the
representation is at Annexure-5 Series.
(At Page - )
8. 07.02.2024 The petitioner submitted the representation
with a request to allow him to register the
sale deed and further asking if not allowing
then appropriate order be passed by stating
reason as per the order passed by this
Hon’ble Court. The copy of the
representation is at Annexure-5 Series.
(At Page - )
9. 09.02.2024 The petitioner submitted the representation
with a request to allow him to register the
sale deed and further asking if not allowing
then appropriate order be passed by stating
reason as per the order passed by this
Hon’ble Court. The copy of the
representation is at Annexure-5 Series.
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(At Page - )
10. 13.03.2024 The petitioner submitted the representation
with a request to allow him to register the
sale deed and further asking if not allowing
then appropriate order be passed by stating
reason as per the order passed by this
Hon’ble Court. The copy of the
representation is at Annexure-5 Series.
(At Page - )

CUTTACK
DATE:- 03.04.2024 ADVOCATE FOR THE PETITIONER