Bhuban Mohan Dash vs Bijay Kumar Dash
2025 Latest Caselaw 4452 Ori

Orissa High Court

Bhuban Mohan Dash vs Bijay Kumar Dash on 25 February, 2025

Bench: Arindam Sinha, M.S. Sahoo

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CONTC no. 5123 of 2024
                  Bhuban Mohan Dash                     ....           Applicant
                                                         Represented By Adv. -
                                                         Miss S. Dash, Advocate
                                             -versus-

                  Bijay Kumar Dash, Vice                .... Alleged Contemner
                  Chairman, C.D.A., Cuttack
                                                            Represented By Adv.
                                                   Mr. G.R. Mohapatra, Advocate


                               CORAM:
                 THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                             ACTING CHIEF JUSTICE
                                         AND
                    THE HON'BLE MR. JUSTICE M.S. SAHOO

                                       ORDER

25.02.2025

I.A. no.85 of 2025 and CONTC no.5123 of 2024 Order No.

04. 1. Mr. Mohapatra, learned advocate appears on behalf of alleged

contemner and submits, I.A. no. 85 of 2025 was filed on 20th February,

2025. Prayer made in the application is reproduced below.

"The Opposite Parties, CDA, therefore, most humbly pray that this Hon'ble Court may be graciously pleased to consider the interim application and the contention made in the interim application and be pleased to allow

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four weeks time so as to pursue the matter before the Government to comply with the judgment of the Hon'ble as it involve huge financial implication;"

2. Miss S. Dash, learned advocate appears on behalf of applicant

and submits, her client having had retired is now 64 years old. After

prosecuting the writ petition there was judgment as far back as on 4 th

December, 2023. Direction therein has not yet been complied with.

3. Paragraphs-2 and 3 from order dated 6th February, 2025 are

reproduced below.

"2. Mr. Mohapatra, learned senior advocate appears on behalf of alleged contemner and submits, the Government preferred Special Leave Petition to the Supreme Court against the judgment. It was unsuccessful. Then said matter was referred to the Law Department. Compliance with the direction is not within power of his client.

3. Alleged contemner has adjournment and leave to produce website copy of this order to appropriate disbursing authority under direction by said judgment dated 4th December, 2023. We may add such authority as alleged contemner, if necessary."

Alleged contemner has chosen to pray for time for complying with the

direction in said judgment dated 4th December, 2023, having had

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become final. The application is allowed on the adjournment granted

as peremptory. Omission to report compliance will invite cognizance

taken, of contempt. Someone else is the disbursing authority will no

longer be a defence.

4. The application is disposed of.

5. List the contempt on 25th March, 2025.

(Arindam Sinha) Acting Chief Justice

(M.S. Sahoo) Judge

Dutta/Radha