Orissa High Court
Srinibash Das vs Vir Vikram Yadav on 4 April, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.7533 of 2024
Srinibash Das .... Petitioner
Mr. Satyajit Behera, Advocate
-versus-
Vir Vikram Yadav, I.A.S, Secretary and .... Opposite Parties
others
Mr. Dayanidhi Lenka, Additional Government Advocate
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
05. 04.04.2025
This matter is taken up through Hybrid Mode.
2. This Court on the earlier occasion, i.e., 04.03.2025, on the
basis of submission made by Mr. Dayanidhi Lenka, learned
Additional Government Advocate appearing for the Opposite
Parties, passed the following order:-
"2. Mr. Dayanidhi Lenka, learned Additional Government
Advocate appearing for the Opposite Parties submitted that
the Authority Concerned has taken steps for compliance of the
Judgment dated 22.07.2024 passed in W.P.(C) No.37540 of
2023 by this Court read with corrigendum order dated
23.07.2024. Therefore, he seeks further four weeks
accommodation for deferment of the proceeding, so as to
furnish steps taken in regard to compliance of the aforesaid
judgment and order.
3. List this matter on 04.04.2025."
3. Accordingly, the matter was listed on board today. Mr.
Dayanidhi Lenka, learned Additional Government Advocate
furnished a copy of letter bearing No.RDM-Reg-CASEHC-0041-
2023-8406/R & DM, dated 03.03.2025 issued by the Additional
Secretary of the Revenue and Disaster Management Department,
Government of Odisha to the Additional District Magistrate
(ADM)-cum-District Registrar (DR), Mayurbhanj, Baripada, which
reads as under:-
"In inviting a reference to your L. No.2253/Regn dated
14.08.2024 on the above noted subject, I am directed to say
that the matter had been referred to Law Department and the
Government in Law Department has advised to implement
the order of the Hon'ble High Court in WP(C) No.37540 of
2023.
However, it is noted that the aforementioned order of the
Hon'ble High Court appears to contradict the provisions of the
Finance Department Resolution No.31715/F dated 04.09.2012.
In view of this, the views of the Finance Department is being
sought regarding implementation of the Hon'ble Court's
order.
Accordingly, you are requested to liaise with the Office of
the Advocate General and seek an extension of time for
implementation of the Hon'ble Court's order."
3.1. He has also furnished a copy of letter bearing No.545/Regn.,
dated 03.03.2025 issued by the ADM-cum-District Registrar,
Mayurbhanj, Baripada to the learned Advocate General, Cuttack,
Odisha, which is reproduced hereunder:-
"In inviting reference to the subject cited above, I am to say
that earlier instructions had been sought for from Revenue &
Disaster Management in Govt. regarding implementation of
Hon'ble High Court order relating to W.P.(C) No.37540 of
2023 filed by Srinibas Das Vrs State vide this office letter
No.2253 dt.14.08.2024 and No.2922/Regn dt.01.11.2024. The
R & DM Department has intimated that the matter had been
referred to Law Department and the Government in Law
Department has advised to implement the order of Hon'ble
High Court in WP(C) No.37540 of 2024.
Further, the R & DM Department is seeking views
from Finance Department to Govt. regarding implementation
of the Hon'ble Court's order. As, the reply will take some time,
you are requested to seek one month time for implementation
of the order from the Hon'ble Court."
4. Learned Additional Government Advocate submitted that in
view of the aforesaid letters wherein it is admitted that the Law
Department has opined to implement the order of this Court, the
Opposite Parties arrayed as parties in the writ petition are duty
bound to comply with the order/direction contained in the judgment
dated 22.07.2024 read with order dated 23.07.2024.
5. This Court directs the opposite parties to file affidavit on
09.04.2025 by furnishing details of steps taken for implementation
of the aforesaid direction contained in the judgment.
6. A free copy of this order be handed over to Mr. Dayanidhi
Lenka, learned Additional Government Advocate appearing for the
Opposite Parties in course of the day for compliance.
7. List this matter on 09.04.2025.
(M.S. Raman)
Judge
Sarbani
Location: HIGH COURT OF ORISSA, CUTTACK
