Kesaba Biswal vs Manoj Satyawan Mahajan
2025 Latest Caselaw 5516 Ori

Orissa High Court

Kesaba Biswal vs Manoj Satyawan Mahajan on 28 March, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     CONTC No.7106 of 2024

                 Kesaba Biswal                        .....                Petitioner
                                                               Represented By Adv. -
                                                               Siba Prasad Patra

                                              -versus-

                 Manoj Satyawan Mahajan, IAS          .....         Opposite Parties
                                                              Mr. M.R. Mohanty, AGA


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

                                             ORDER

28.03.2025 Order No.

02. 1. This matter is taken up through Hybrid mode.

2. This contempt application has been filed alleging non- compliance of order dated 21.12.2023 passed in W.P.(C) No.41214 of 2023.

3. Learned counsel for the Petitioner at the outset contended that while disposing of the writ application, this Court granted liberty to the Petitioner to approach the Opposite Party No.2 by filing a representation with a further direction to Opposite Party No.2 to consider the same and to dispose of the representation in accordance with law by passing a speaking and reasoned order.

4. Learned counsel for the Contemnor/Opposite Party on the other hand contended that the direction given by this Court vide order dated 21.12.2023 has been duly complied with and the

representation of the Petitioner has been disposed of. However, while disposing of the representation, the Collector-cum-District Magistrate, Sundargarh has held that he has no jurisdiction to entertain the claim of the Petitioner as the commission which was constituted pursuant to the order passed by the Hon'ble Supreme Court in SLP(C) No.6933 of 2007 has been closed after the expiry period as has been directed by the Hon'ble Supreme Court.

5. Learned counsel for the Petitioner on the other hand, referring to the judgment of the Hon'ble Supreme Court, contended that the Hon'ble Supreme Court in the said judgment has clarified that the claims which could not be filed before the commission can very well be entertained by the High Court.

6. Taking into consideration the aforesaid facts, further keeping in view the fact that the representation has been disposed of by the Opposite Parties, this Court is of the view that no case for contempt is made out. However, while disposing of the present contempt application, liberty is given to the Petitioner to move an I.A. seeking modification of order passed by this Court in the original writ petition.

7. Accordingly, the CONTC stands dropped.

( Aditya Kumar Mohapatra ) Judge

S.K. Rout

Location: High Court of Orissa, Cuttack