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After HC contempt warning, CMC commissioner assures to enforce stay on vending zone work

After HC contempt warning, CMC commissioner assures to enforce stay on vending zone work

Time of India24-05-2025

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Cuttack: After Orissa high court warned of contempt action, commissioner of Cuttack Municipal Corporation (CMC) on Friday assured to enforce the stay order on the construction of a vending zone along the boundary wall of the second campus of Madhusudan Law University (MLU) at Jobra here.
The vacation bench of Justices S K Sahoo and M S Sahoo observed, "We are of the view that on the face of records, it appears that the commissioner, CMC has flouted the order of this court dated May 20 as the construction of shop rooms that was initiated by the CMC was directed to be stopped. The commissioner is responsible for the acts of commission and omission that have happened after the orders were passed in his presence.
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"Law is well settled that whenever there is a deliberate flouting of the order of the court, it amounts to contempt and it becomes the duty of the court to exercise its inherent power to set the wrong right as a party cannot be permitted to perpetuate the wrong by disobeying the order further," the bench warned.
"When the order was passed on May 20 in the presence of the CMC commissioner, it was nonetheless his bounden duty to see that no one should flout the same," the bench observed, adding, "It is unfortunate that no steps have been taken immediately by the authorities concerned to prevent such activities and as stated by the CMC commissioner 'hooligans' have dared to violate the orders of this court."
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CMC commissioner Anam Charan Patra, who was present in virtual mode, assured to enforce the court's stay order by taking necessary steps to protect the entire area immediately. He said barbed wire fencing with iron/concrete pillars will be installed to prevent vending/other activities there.
Taking it on record, the bench directed the CMC commissioner to file a detailed affidavit regarding the steps taken to carry out the court's May 20 order when the matter is taken up for hearing on June 30.
Three students — Aroop Kumar Deo, Sarvani Sahoo and Ambika Prasad Jena — filed a PIL seeking intervention against construction of the vending zone.
Though the PIL was scheduled for June 30, the vacation bench took it up on Friday after advocate Prasanna Kumar Nanda, representing the petitioners, made urgent mention alleging that vending zone construction was going on in violation of the court's May 20 stay order.
Later on special notice, Patra and DCP (Cuttack) Khilari Rishikesh Dnyandeo appeared through virtual mode.
Inspector in-charge of Malgodown police station, Suprasanna Kumar Mallick, also joined from the spot where the construction activities were allegedly going on in contravention of the interim order. Mallick showed live video footage of the construction that involved covering some portion of the vending zone cabins with galvanised iron roof.
Patra expressed helplessness and conceded that some hooligans have started construction in violation of the court's order. Expressing displeasure, the bench said that from such submission of CMC commissioner, it is apparent that the allegations made by the counsel for the petitioners are "prima facie correct".
DCP (Cuttack) also assured to ensure compliance of the court's interim order in letter and spirit and anyone who tries to violate it shall be appropriately dealt with in accordance with law.

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