HC chides CMC commissioner for flouting court’s stay order on vending zone at Law Varsity | Bhubaneswar News

CUTTACK: After the Orissa High Court’s warning 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 the Madhusudan Law University (MLU) coming up at Jobra here.The Vacation Bench comprising 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, 2025 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.”“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, 2025 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.”The Commissioner CMC 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 put to prevent vending /other activities there.Taking it on record, the Bench directed the Commissioner CMC to file a detailed affidavit regarding the steps taken to carry out the Court’s May 20 order when the matter is taken up next on June 30.Three students of MLU- 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 Court took it up on Friday after Advocate Prasanna Kumar Nanda representing the petitioners made urgent mention and alleged that vending zone construction work was going on in violation of the Court’s stay order issued on May 20.Later on special notice CMC Commissioner Anam Charan Patra and Deputy Commissioner of Police (Cuttack) Khilari Rishikesh Dnyandeo appeared through virtual mode. The Inspector-in-Charge Malgodown Police Station Suprasanna Kumar Mallick also joined from the spot where the construction activities were allegedly going on in contravention of the Court’s interim order. Mallick showed the live video footage of the construction work 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 work in violation of the Court’s interim order. Irked over it 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.”The DCP (Cuttack) also assured to ensure compliance of the Court’s interim order in its letter and spirit and anyone who tries to violate the same shall be appropriately dealt with in accordance with law.