Heard learned counsel for the petitioner.

2.      Learned counsel for the petitioner has challenged the interim order passed by the learned District Forum, Sundargarh – I on 10.12.2020. According to him, learned District Forum has passed further interim order  in spite of direction from this Commission that District Commission to hear and pass speaking order in the Misc. Case. So, he submitted that the learned District Forum has not complied the order of this Commission and passed again the interim order directing the OP not to take any action against the vehicle in question till disposal of the Misc. Case.

3.      Considered the submission of learned counsel for the petitioner. Perused the interim order dated 10.12.2020 passed by the learned District Forum, Sundargarh – I which is as follows:-

                   “xxx    xxx   xxx

Today the case is fixed for filing objection so also w/s by op. The complainant is present today and files hazira. Advocate for the op is present today and files RP order copy of Hon’ble State CDR Commission, Odisha, Cuttack vide RP No. 49/2020. As per the order, the Hon’ble State CDR Commission, Odisha, Cuttack has already been set aside the misc. Case order as passed by the District Commission and directed to the District Commission to issue notice to the op for fresh hearing of misc. case petition. Accordingly the B.C. is directed to issue notice to the op fixing on dt.31/12/2020 for filing show cause by op against the misc case petition and filing w/s on dt.21/01/2020 by op. Further  the op is directed not to take any action against the vehicle till disposal of the misc case petition as the matter is subjudice. The op is directed to receive the petition copy of misc case as filed by the petitioner.”

4.      The copy of the order passed by this Commission in RP No. 49 of 2020 is clear to show that with regard to  the interim impugned order earlier passed, District Commission was directed to hear both the parties and pass speaking order within 30 days from the date of receipt of the order. The aforesaid impugned order clearly shows that the District Commission has given opportunity to both the parties to be heard on 31.12.2020. At the same time, it has passed order that till disposal of Misc. Case No. 65 of 2020, the OP was directed not to take action against the vehicle in question. When the District Commission is in session of the matter it is at liberty to pass any interim order but there is no request from the side of any of the parties to pass such order. However, the revision is disposed of with direction to the learned District Commission to hear the matter on 31.12.2020 and pass the final order in Misc. Case No. 65 of 2020. Till that date the aforesaid observation of the learned District Commission will continue but thereafter the order of stay will not be effective as the further stay would depend on the result of the Misc. Case.

Revision is disposed of accordingly.

Copy of this order be supplied to the learned counsel for the petitioner who would file the same before the learned District Forum on 31.12.2020 and receive further instruction from it.