Sudhansu Sekhar Padhi vs Bishnpada Sethi
2025 Latest Caselaw 4767 Ori

Orissa High Court

Sudhansu Sekhar Padhi vs Bishnpada Sethi on 7 March, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CONTC No.7018 of 2024

            Sudhansu Sekhar Padhi                    .....                Petitioner
                                                              Represented By Adv. -
                                                              Mr. Shashi Bhusan Jena

                                          -versus-
            Bishnpada Sethi, I.A.S,                   .....         Opposite Party/
            Commissioner-cum-Secretary,                                Contemnor
            SC&ST Development Department,
            Odisha, Bhubaneswar.
                                                              Represented By Adv. -

                                                              Mr. Samresh Jena, ASC

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

                                         ORDER

07.03.2025 Order No.

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

2. It is stated by the learned counsel for the Petitioner that the order dated 26.06.2023 passed by this Court in W.P.(C) No.18816 of 2023 has been duly complied with by rejecting the claim of the Petitioner vide letter dated 05.02.2025.

3. On perusal of the said letter, it appears that the Opposite Parties by referring to the judgment of Hon'ble Supreme Court in the case of N.C. Santhosh v. The State of Karnataka has rejected the claim of the Petitioner. However, they have not taken note of the subsequent judgments of the Hon'ble Supreme

Court as well as this Court interpreting the provisions. On further perusal of order dated 26.06.2023, it appears that this Court directed the Opposite Parties to consider the case of the Petitioner in the light of the law laid down by the Hon'ble Supreme Court in the cases of Malaya Nanda Sethy vrs. State of Orissa and others, reported in 2022(II) OLR(SC)-1; and in State of West Bengal -v.- Debabrata Tiwri, reported in 2023 (3) SCALE-557. Both the judgments rendered by the Hon'ble Supreme Court. Although the judgment in N.C. Santhosh's case (supra) rendered by a Bench of the Hon'ble Supreme Court consisting of higher strength, however the aforesaid anomaly has been resolved by this Court in subsequent judgment.

4. Considering the nature of the direction given vide order dated 26.06.2023, this Court is of the view that no case of contempt is made out.

5. Accordingly, the contempt petition is dropped.

6. However, liberty is given to the Petitioner to challenge the order dated 05.02.2025 passed by the authority by filing a fresh writ petition, if so advised.

7. A copy of the order dated 05.02.2025 passed by the authority be served on the learned counsel for the Petitioner.

Signed by: DEBASIS AECH                                                  Judge

                  Debasis
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 11-Mar-2025 17:29:35