Orissa High Court
Banshidhar Behera vs Anu Garg on 14 August, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.5709 of 2024
Banshidhar Behera ..... Petitioner
Represented By Adv. -
M/s Sadasiva Patra,
Sandeep Rath, Asutosh
Rout
-versus-
Anu Garg,addl. Chief Secy. W.r ..... Contemnor
Dept.
Represented By Adv. -
S.K. Parhi, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
14.08.2025
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. Heard learned counsel for the Petitioner.
3. Alleging the violation of this Court's judgment dated
02.11.2023 passed in W.P.(C) No.29125 of 2022 the petitioner has
approached this Court by filing the present writ application.
4. On perusal of the judgment dated 02.11.2023 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 02.11.2023 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.
5. It is stated by learned counsel for the Petitioner that in the
meantime some writ appeals have been withdrawn by the State-
Opposite Parties. For an example, learned counsel for the
Petitioner produced a copy of order dated 20.11.2024 passed in
W.A. No.662 of 2023.
6. Learned counsel for the State on the other hand contended
that although a Writ Appeal bearing W.A. No.688 of 2024
challenging the judgment dated 02.11.2023, however the same has
not been finally disposed of.
7. No order was produced before this Court showing that
either the judgment dated 02.11.2023 has been stayed or the
further proceeding in the present contempt proceeding has been
stayed by the Hon'ble Division Bench.
8. 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. It is further
directed that the aforesaid order is subject to the final order to be
passed in the pending writ appeal bearing W.A. No.688 of 2024.
9. The CONTC is, accordingly, disposed of.
( A.K. Mohapatra )
Judge
Anil
Designation: Junior Stenographer
Location: High Court of Orissa
Date: 18-Aug-2025 15:45:14
