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Judgment
Arindam Sinha, J
Mr. Nayak, learned advocate appears on behalf of petitioners and submits, his clients have also filed for contempt. The application has not been listed.
The writ petition was moved on 20th December, 2022. Order was made that day recording petitioners were respondent nos.4 to 8 in the appeal. The appeal was dismissed for default on 16th March, 2021 in presence of petitioners. However, opposite party no.5, (appellant before the Sub-Collector), without notice to petitioner made restoration application, which was allowed by order dated 10th August, 2021, impugned in the appeal. In those circumstances, Court intended to pass order staying proceedings in Misc. Certificate Appeal Case no.14 of 2017 but the sentence recorded in the order was incorrectly worded.
Mr. Nayak submits, his client was represented on that day before the Sub-Collector for purpose of informing the restraint order passed. The Sub-Collector converted the situation and disposed of the appeal itself, recording that his clients had participated in the hearing. It was not the date fixed for hearing of the appeal.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and Mr. Behera, learned advocate, for opposite party no.5.
Opposite party no.3 is directed to file affidavit in dealing with record of submissions made in this order. The affidavit will be accepted on adjourned date, upon advance copies circulated to appearing learned advocates.
List along with CONTC no.1291 of 2023 on 28th March, 2023.
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