Arjun Patneya vs Anu Garg
2025 Latest Caselaw 4016 Ori

Orissa High Court

Arjun Patneya vs Anu Garg on 14 February, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CONTC No.6451 of 2024
            Arjun Patneya               .....        Petitioner
                                                             Represented By Adv. -
                                                             Prafulla Kumar
                                                             Mohapatra

                                            -versus-
            Anu Garg, I.A.S.                       .....           Opposite Parties
                                                            Represented By Adv. -
                                                            A.Pati, A.S.C.

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

                                           ORDER

14.02.2025

Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner.

3. This Contempt Petition is filed alleging non-implementation of the Court's order dated 01.02.2023 passed in W.P.(C) No.1828 of 2023.

4. Learned counsel for the Petitioner contended that after disposal of the writ application, the State-Opposite Parties preferred a writ appeal bearing W.A. No.1379 of 2023 and a Division Bench of this Court vide order dated 14.11.2023 has been pleased to dispose of the writ appeal with a direction to the contemnor to implement the order passed by the learned Single Judge Bench in W.P.(C) No.1828 of 2023 in the light of the judgment in the case of State of Odisha &

Ors. vs. Bindusagar Samantaray (W.A. No.810 of 2021) and batch, disposed of on 25.09.2023. He further contended that despite passing of several months in the meantime, the order has not been implemented.

5. On perusal of the record, it is observed that there is no evidence on record that the aforesaid order passed by the Division Bench in the writ appeal has been communicated to the Contemnor.

6. Learned counsel for the Contemnor on the other hand contended that in the event this Court grants some more time, the Opposite Party-Contemnor shall take steps for implementation of the order, in the event the same has attained finality.

7. Considering the submissions made by the learned counsels appearing for the parties, further keeping in view the development in the present case, this Court deems it proper to provide another opportunity and the Contempt Petition stands disposed of with a direction to the Opposite Party-Contemnor to comply with the direction of this Court dated 01.02.2023 passed in W.P.(C) No.1828 of 2023 which has been confirmed in W.A. No.1379 of 2023 by the Division Bench within a period of three months from the date of service of a certified copy of this order by the Petitioner, provided the operation of order has not been stayed by higher forum and file compliance report before the Registry of this Court within one week thereafter. It is made clear that in the event the order of the Court is not given effect to within the time stipulated hereinabove, it will be construed to be wilful and deliberate violation of this Court's order and accordingly, the Contemnor shall be asked to appear before this Court and explain as to why the proceeding under the Contempt of

Courts Act shall not be initiated against him.

8. The CONTC is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

                                                             ( A.K. Mohapatra )
                                                                    Judge
Anil







Signed by: ANIL KUMAR                                                        Page 3 of 3.


Location: High Court of Orissa
Date: 14-Feb-2025 18:38:21