Orissa High Court

P.Laxminarayana ` vs T.Kishore Kumar on 6 May, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CONTC No. 1666 of 2024

            P.Laxminarayana              `....                      Petitioner
                                                            Represented by
                                                            Mr. S.K.Behera,
                                                                   Advocate
                                           -Versus -
            T.Kishore      Kumar,          ....              Opposite Parties
            District Inspector of                           Represented by
            Schools,
            Paralakhemundi,
            Gajapati
                                                                        AGA


                        CORAM:
                          JUSTICE SASHIKANTA MISHRA

ORDER_ Order No. 06.05.2025

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

2. Learned State counsel submits that as per instructions received the Government has ultimately decided to prefer writ appeal against the order passed by this Court. However, no writ appeal as such has been filed till date. The order of this Court was passed way back on 05.09.2023. Further, in an earlier contempt application, a coordinate Bench of this Court granted one-month further time to comply with the order of this Court vide order dated 06.11.2023. It was specifically held that if the order is not complied within the extended time, it will be held as deliberate violation of this Court's order. Today, it is stated that the Government has decided to prefer writ appeal. More than one and half years having passed in the meantime.

3. This approach is certainly not acceptable, as it serves to violate Page | 1 the very essence of the principle of Rule of law, envisaged in the Constitution of India. Moreover, it is the settled position of law that even if appeal is preferred, unless there is an order of stay operation of the judgment sought to be prevented, there is no legal impediment in implementing the same. The Opposite Party authorities are expected to be aware of this salutary position of law. This Court, therefore, observes that even if the Government decides to prefer writ appeal, the order passed in the writ application can still be complied with, subject to the result of the said writ appeal. One-week further time is allowed to the opposite Party-contemnors to comply with the order and file compliance affidavit, failing which appropriate orders shall be passed.

4. List this matter on 13.05.2025.

5. A free copy of this order be supplied to the State counsel for compliance.

(Sashikanta Mishra) Judge Deepak

Date: 08-May-2025 11:55:24 Page | 2