Sabita Patel vs Shri Manoj Satyawan Mahajan
2025 Latest Caselaw 5517 Ori

Orissa High Court

Sabita Patel vs Shri 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.889 of 2025

                 Sabita Patel                        .....                 Petitioner
                                                               Represented By Adv. -
                                                               Siba Prasad Patra

                                              -versus-

                 Shri Manoj Satyawan Mahajan,         .....         Opposite Parties
                 IAS
                                                              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 31.01.2024 passed in W.P.(C) No.1714 of 2024.

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 31.01.2024 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