Raghunath Naik vs D.K.Singh
2025 Latest Caselaw 4762 Ori

Orissa High Court

Raghunath Naik vs D.K.Singh on 7 March, 2025

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                           CONTC No.200 of 2024

             Raghunath Naik                  ....     Petitioner
                                                   Mr.P.K.Ray,
                                                   Advocate and
                                                   Mr.Krushna
                                                   Ch. Dash,
                                                   Advocate



                                 -versus-
             D.K.Singh, Addl. Chief       .... Opp. Parties/
             Secretary, Home                 Contemnors
             Department, Odisha,             Mr.S.N.Biswal,
             Bhubaneswar & others            ASC




         CORAM:
              JUSTICE SIBO SANKAR MISHRA

Order                            ORDER
 No.                           07.03.2025
 04.
        1.

The present Contempt Petition has been filed by the petitioner for deliberate non-compliance of the judgment of this Court dated 29.09.2023 passed in W.P.(C) No.36822 of 2022. Earlier, the petitioner had moved a Contempt Petition bearing CONTC No.9029 of 2023 seeking compliance of the aforementioned judgment. The Coordinate Bench of this Court vide order dated 24.11.2023 has passed the following order:

"3. Considering the submission made and as a last opportunity this Court deems it proper to provide as a last chance and the Contempt Petition stands disposed of with a direction to the Opposite Parties- Contemnors to comply with the direction of this Court dated 29.09.2023 in W.P.(C) No.36822 of 2022, if the same has not been complied with in the meantime, within a period of six weeks from the date of service of a certified copy of this order by the Petitioner, provided the operation of order/judgment 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 deliberate violation of this Court's order."

2. When the aforementioned Contempt Petition No.9029 of 2023 was being heard, at that point of time, the judgment of this Court sought to be complied was under challenge before the Division Bench of this Court in W.A. No.1228 of 2024.

3. Mr. Biswal, learned Additional Standing Counsel for the opposite parties-Contemnors submits that the said appeal had been dismissed vide order dated 24.02.2025. Hence, the judgment of this Court dated 29.09.2023 in W.P.(C) No.36822 of 2022 has attained finality.

4. In this circumstance, it is obligatory on the part of the contemnor to comply with the judgment forthwith.

5. Mr. Biswal, learned State Counsel seeks one week time to comply with the said judgment and place

a report of compliance before this Court by the next date. If the order of this Court is not complied within one week, on the next date of hearing, the notice would be framed for the purpose of initiation of the contempt.

6. List this matter on 20.03.2025.

(S.S. Mishra) Judge Subhasis

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack. Date: 07-Mar-2025 18:34:30