Orissa High Court

Prasad Subudhi vs Surendra Kumar on 2 May, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CONTC No.7308 of 2024
            Prasad Subudhi                 .....        Petitioner
                                                                 Represented By Adv. -
                                                                 Mr. Indramani Sahoo

                                              -versus-
            Surendra Kumar, IAS,                         .....          Opposite Party/
            Additional Chief Secretary,                                    Contemnor
            Steel & Mines Department,
            Odisha, Bhubaneswar.
                                                                 Represented By Adv. -

                                                                 Smt. B.K. Sahu, AGA



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

                                             ORDER

02.05.2025 Order No.

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

2. This interlocutory application has been filed by the Petitioner seeking condonation of delay of 158 days in filing the Contempt Petition.

3. Learned counsel for the Petitioner, at the outset, contended that failure to comply with the order dated 10.02.2023 passed by this Court in WPC(OA) No.72 of 2016 give rise to file the aforesaid contempt petition. He further contended that since the Petitioner was hopeful that the order passed by this Court is implemented by the Opposite Parties, he has not approached this

Court earlier. He further submitted that the Petitioner is a retired Government employee aged about 75 years and suffering from several old age deceases.

4. Learned counsel for the Contemnor opposed the prayer for condonation of delay in filing the Contempt Petition.

5. Considering the submission made by the learned counsels appearing for the parties, the delay of 158 days, as has been pointed out by the Stamp Reporter, in filing the Contempt Petition is hereby condoned.

6. The I.A. is, accordingly, disposed of.

7. This This Contempt Petition has been filed by the Petitioner for non-compliance of the order dated 10.02.2023 passed by this Court in WPC(OA) No.72 of 2016.

8. Considering the submission made, this Court, by providing a last chance, deems it proper to dispose of the Contempt Petition with a direction to the Opposite Party-Contemnor to comply with the direction of this Court dated 10.02.2023 passed by this Court in WPC(OA) No.72 of 2016, if the same has not been complied with in the meantime, within a period of six weeks from the date of service of a certified copy of this order by the Petitioner, provided the operation of order/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 deliberate violation of this Court's order.

9. The CONTC is, accordingly, disposed of.

( A.K. Mohapatra ) Judge Debasis