Souri Prasad Nayak vs Saswat Mishra
2025 Latest Caselaw 10320 Ori

Orissa High Court

Souri Prasad Nayak vs Saswat Mishra on 21 November, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CONTC No.2463 of 2023
            Souri Prasad Nayak             .....      Petitioner
                                                          Represented By Adv. -
                                                          M/s. B.biswal , Sanjib
                                                          Mohanty

                                      -versus-
            Saswat Mishra, IAS & Ors.       .....               Opposite Parties/
                                                                    Contemnors
                                                         Represented By Adv. -
                                                         Sasmita Nayak, A.S.C.

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

21.11.2025 Order No.

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

2. Heard learned counsel for the Petitioner as well as learned counsel for the State.

3. Alleging non-compliance of order dated 10.02.2022 passed in WPC(OAC) No.2276 of 2017 the Petitioner has approached this Court by filing the present contempt application.

4. It is stated by learned counsel for the Contemnors that the SLP preferred by the State-Opposite Parties which was registered as SLP (C) No.5334 of 2025 has been disposed of along with a batch of similar other SLPs and Civil Appeals by a common order of the Hon'ble Supreme Court dated 21.02.2025. In such view of the matter, learned counsel for the Contemnors submitted that the contempt proceeding does not survive.

5. Learned counsel for the Petitioner at this juncture contended that while disposing of the SLPs vide a common order dated 21.02.2025, the Hon'ble Apex Court had directed to pay a sum of Rupees One Lakh Fifty Thousand to each of the appellant in the respective SLPs. He further submitted that the same has not been complied with as of now.

6. Learned counsel for the State further contended that the State-Opposite Party has preferred a writ appeal as against the order dated 10.02.2022 which was disposed of by a common order dated 09.10.2025 of the Hon'ble Division Bench of this Court.

7. On perusal of the order dated 09.10.2025 of the Hon'ble Division Bench it appears that the writ appeals were allowed in terms of the judgment of the Hon'ble Supreme Court in State of Odisha vs. Sudhansu Sekhar Jena reported in 2025 SCC OnLine SC 385.

8. In view of the aforesaid position, the present contempt application is being disposed of by granting four weeks' time to the Opposite Parties from today as directed by the Hon'ble Supreme Court to implement in the aforesaid order, failing which the contemnor shall be asked to appear before this Court and explain as to why they shall not be liable for wilful and deliberate of Hon'ble Supreme Court's order dated 21.02.2025 passed in the above noted SLP.

( A.K. Mohapatra) Judge

Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 24-Nov-2025 11:46:44