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2006 DAILYLAW 900 (ORI)

KISHAN KUMAR MALLIK v. ARUN KUMAR NAYAK, SUB COLLECTOR, KENDRAPARA

CONTC/2006/2026 · 2026-05-15

Dixit K S

body2006

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.2006 of 2026 Kishan Kumar Mallik …. Petitioner Mr. A.P. Ray, Advocate -Versus- Arun Kumar Nayak, Sub-Collector, Kendrapara …. Opposite Party Mr. S.K. Jee, AGA CORAM: JUSTICE KRISHNA S. DIXIT Order No. 03. ORDER 15.05.2026 The complaint alleges violation of order dated 10.11.2025, whereby the jurisdictional authority was directed to hear and dispose off the appeal of the Complainant within an outer limit of four weeks. 2. After service of notice, the Contemnors have entered appearance through learned AGA, who draws attention of the Court to compliance affidavit, which is accompanied by the order on appeal made on 12.05.2026. The Appellate Authority has expressed its difficulty to dispose off the appeal on merits, inasmuch as there are rival claimants, who have obtained the Legal Heir Certificate. 3. Learned counsel appearing for the Complainant submits that procuring Succession Certificate would take some time and he expresses apprehension that the amount deposited in terms of MACT Case No.191 of 2016 may be disbursed to some other persons. He is right in expressing this apprehension and the same has to be addressed by the MACT in his discretion on an application moved by the Complainant. With the above observations, these proceedings are dropped with observations as herein above made. The jurisdictional District Judge is requested to try and dispose off the proceedings for grant of Succession Certificate, if filed, preferably within six (6) months. In that connection, all contentions are kept open. Web copy of order to be acted upon by all concerned. (Krishna S. Dixit) Judge Anisha Designation: Jr. Stenographer