Kutartha Mishra vs Shri Chandra Sekhar ..... Opposite ...
2025 Latest Caselaw 3299 Ori

Orissa High Court

Kutartha Mishra vs Shri Chandra Sekhar ..... Opposite ... on 8 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CONTC No.2581 of 2025
                 Kutartha Mishra             .....        Petitioner
                                                                Represented By Adv. -
                                                                M/s Basudev Barik

                                             -versus-
                 Shri Chandra Sekhar                    .....        Opposite Parties/
                 Padhi,engnr. In Chief, W.r Dept.                        Contemnors
                                                                Smt. S. Nayak, ASC

                                     CORAM:
                       THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                   MOHAPATRA

                                             ORDER

08.08.2025 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Alleging the violation of this Court's order dated 13.05.2024 passed in W.P.(C) No.11595 of 2024 the petitioner has approached this Court by filing the present contempt application.

3. On perusal of the order dated 13.05.2024 it appears that this Court while disposing of the writ application directed the Opposite parties to grant the benefit to the petitioner in terms of the judgment in Narusu Pradhan's case. Further it appears that a batch of matter involving identical issues were pending before the Hon'ble Supreme Court. The same has been disposed of on 24.07.2025 i.e. in State of Odisha vs. G.Balkrishna. The Hon'ble Supreme Court has dismissed the SLP filed by the State. As such the order dated 30.05.2024 has attained finality. Since the issue involved in the present writ application is identical with the one that was involved in

G.Balkrishna's case (supra). This Court is of the considered view that the issue has attained finality with the disposal of the abovenoted SLP by the Hon'ble Supreme Court.

4. Learned counsel for the State on the other hand contended that although a Writ Appeal which has been filed is of the year 2024 challenging order dated 13.05.2024, however the same has not been finally disposed of. No order was produced before this Court showing that either the order dated 13.05.2024 has been stayed or the further proceeding in the present contempt proceeding has been stayed by the Hon'ble Division Bench.

5. In view of the aforesaid position, the present contempt application is being disposed of by directing the State-Opposite Parties to implement the order passed by this Court, keeping in view the decision of the Hon'ble Supreme Court in State of Odisha vs. G.balakrishan disposed of on 24.07.2025 within a period of eight weeks from the date of communication of a copy of today's order. Failing which the contemnor shall be liable to be proceeded against under the Contempt of Court's Act.

                                                      ( Aditya Kumar Mohapatra )
                                                                 Judge

S.K. Rout





            Digitally Signed                                                Page 2 of 2.


            Location: High Court of Orissa, Cuttack
            Date: 11-Aug-2025 11:38:40