I. A. No. 6319 of 2010 II. 20. 16.04.2019 This is an application for implementation of the order dated 24.12.2008. Heard. Learned counsel for the petitioners states that the petitioners filed a contempt petition bearing CONTC No.704 of 2010 for non-compliance of the judgment dated 24.12.2008 passed in the writ petition. In the said contempt petition, this Court subsequent to filing of this petition vide order dated 18.08.2010 dropped the contempt proceeding with the following observation and direction: “We have perused the further affidavit dated 13.08.2010 Deputy Director of Mines, Joda Circle, Joda-opposite party No.3 as well as Additional Affidavit filed by the petitioner. 2. At paragraph-3 of the further affidavit by the opposite party No.3, it has been stated that he has assumed the additional charge of the Office of the Deputy Director of Mines, Joda on 9.12.2009 and since 21.6.2010 he is holding the said post. At paragraph-4 of the said further affidavit dated 13.8.2010 he has submitted that he has got the highest regards for this Court and tenders his sincere, unconditional and unqualified apologies for not complying with the orders complained of in this proceeding and requested this Court to permit him to withdraw the earlier affidavits filed on 20.07.2010 and 11.8.2010. It is further stated that he had no intention to flout or overreach this Court’s order. He submits that his predecessor in interest had issued T.P. No.43797 dated 8.9.2009 with reference to application made by the complainant on 20.7.2009. The application dated 6.1.2010 of the petitioner was processed on submission of old unused T.P. Books and new T.P. Books were issued on 26.7.2010. On application being made thereof, the deponent will take prompt steps for issue of further T.P. Books to the petitioner. He has also clarified vide Annexure-B/3 with reference to the letter dated 2.8.2010 stating that the permits issued vide letter No.36854 and 36858 dated 27.7.2010 are authentic and genuine. These permits were issued after the lessee surrendered the old T.P. Books on 22.7.2010 after due verification of stacks. W.P.(C) No. 7998 of 2008 2 Accordingly, the same is intimated to the Director of Mines, Orissa, Bhubaneswar for onward transmission to the Assistant Commissioner of Commercial Taxes, Cuttack-I, West Circle, Cuttack for his needful action. 3. Learned Additional Government submits that the Deputy Director of Mines, who is the contemnor in this case, will implement the order by giving necessary transit permit in favour of the complainant with reference to the quantity which is in stock. 4. In view of the aforesaid affidavit filed in this proceeding and as he has tendered unconditional and unqualified apology, we feel that we have to accept the same and accordingly we accept the same. However, it is needless to make an observation that the Deputy Director of Mines, Joda will comply with the order complained of by issuing necessary transit permit as indicated above. 5. The Contempt Proceeding is accordingly dropped. The personal appearance of the opposite party No.3 is dispensed with.” In the meantime, the State of Odisha had challenged the judgment dated 24.12.2008 before the Hon’ble Supreme Court by filing SLP bearing CC 10622 of 2010. The Hon’ble Supreme Court vide order dated 23.7.2010 dismissed the said SLP. In view of the subsequent developments, this misc. case has become infructuous as the prayer made herein has already been exhausted in view of the order dated 18.08.2010 and the order of Hon’ble Apex Court. Accordingly, the misc. case is disposed of as infructuous. (JUDGE) bks/jm .…….......……………… ( K.S. Jhaveri ) Chief Justice …………………..……… (K. R. Mohapatra) Judge