Order No. 21 dtd.19.02.2020
The Petitioner has filed this Execution case for non-compliance of order passed in C.C.No.51/2017.
The Petitioner had filed original C.C.Case bearing No.51/2017 against the Opp.Party praying for directing the Opp.Party dtd.15.12.17 to covert the nature of land bearing No.159/484, Khata No.1041/1148, Area 1200 Sqft, Mouza Agrahat, Ps:/Choudwar, Dist:-Cuttack from Kisam Agricultural land to homestead land. Accordingly, order passed in favour of the Petitioner for doing the above facts within a period of six months from the date of receipt of the order. It is further stated by the Petitioner that after passing of C.C.Case order the Opp.Party did not comply the said order within stipulated period for which the E.A.Case was started. After filing of E.A.Case, regd. notice was issued by this Forum to the Opp.Party and Opp.Party received the said notice as per postal tracking report attached in the case record but did not prefer to file show cause in the case. It is presumed that the regd. notice served to the OP is held sufficient. Several dates/opportunities have been given to OP for filing of show cause, if any to the E.A. Case but the OP did not attend the Consumer Forum for filing of show cause into the dispute for which the case was set ex-parte on dtd.22.01.2020. On dtd.05.02.2020 ex-parte hearing was taken up from the side of authorized representative of the Petitioner and heard the case on merit and posted to dtd.19.02.2020 for order.
Heard the ex-parte argument from the side of the Petitioner on merit and perused the C.C.Case order and certain documents filed by him. It is presumed that the OP has willfully and intentionally violated the order of the Forum and harassed the Petitioner like anything for doing conversion of agricultural land to homestead land of the Petitioner and also taken an amount of Rs.7,000/- for that purpose. We feel it proper to direct the OP to convert the agricultural land to homestead land of the petitioner within a period of one month from the date of the order. Hence, it is ordered:-
O R D E R
That, the E.A.Case is allowed ex-parte. The OP is hereby directed to comply the C.C.Case order passed in C.C.No.51/2017 within a period of one month hence, failing which action will be taken against the OP as per the provisions of C.P.Act.
Pronounced in the open Court, this the 19th day of February,2020.