Mrutyunjay Mohanta & Ors vs Aswathy S
2025 Latest Caselaw 5236 Ori

Orissa High Court

Mrutyunjay Mohanta & Ors vs Aswathy S on 21 March, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CONTC No.1187 of 2025
            Mrutyunjay Mohanta & Ors.     .....     Petitioners
                                                             Represented By Adv. -
                                                             Krishna Chandra Sahu

                                           -versus-
            Aswathy S., I.A.S. & Ors.              .....          Opposite Parties
                                                             Represented By Adv. -
                                                             D.K. Sahoo, A.G.A.

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

                                          ORDER

21.03.2025

Order No.

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

2. Heard learned counsel for the Petitioners.

3. This Contempt Petition is filed alleging non-implementation of the Court's judgment dated 26.04.2024 passed in W.P.(C) No.35563 of 2020 and batch of similar other matters.

4. Learned counsel for the Petitioners contended that although the judgment dated 26.04.2024 was duly communicated vide a postal receipt under Annexure-2 series to the contempt application. However, same has not been implemented. As such, it is alleged that the conduct of the Opposite Party-Contemnor is construed as an act of wilful and deliberate violation of this Court's direction.

5. Learned counsel for the Contemnor on the other hand sought

for some time to implement the judgment passed by this court in the event the same has attained finality.

6. Considering the request made by the learned counsel for the Contemnor, this Court deems it proper to provide another opportunity to the Contemnor as a last chance and the Contempt Petition stands disposed of with a direction to the Opposite Party- Contemnor to comply with the direction of this Court dated 26.04.2024 passed in W.P.(C) No.35563 of 2020, if the same has attained finality in the meantime, within a period of eight weeks from the date of service of a certified copy of this order by the Petitioners, provided the operation of 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 wilful and deliberate violation of this Court's order.

7. The CONTC is accordingly disposed of.

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

                                                           ( A.K. Mohapatra )
                                                                  Judge
Anil





Digitally Signed                                                             Page 2 of 2.



Location: High Court of Orissa
Date: 24-Mar-2025 18:05:43