Sanjaya Kumar Nayak vs Arabinda Agarwal
2025 Latest Caselaw 10475 Ori

Orissa High Court

Sanjaya Kumar Nayak vs Arabinda Agarwal on 26 November, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                               CONTC No.603 of 2024

                     Sanjaya Kumar Nayak                    .....                           Petitioner
                                                                               Represented by
                                                                               Mr. D.N.Rath, Advocate
                                                            -Versus-
                     Arabinda Agarwal, I.A.S.               .....                          Opp. Parties
                     and Others
                                                                               Represented by A.G.A.


                                                           CORAM:
                                          THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA
                                                           ORDER

26.11.2025.

Order No. 1. These matters are taken up through hybrid mode.

4. 2. Learned State counsel submits that the Petitioner has preferred S.L.P. against the judgment of the Division Bench of this Court. Mr. Rath responds by submitting that the S.L.P. was preferred only on the question of maintainability of the Writ Petition preferred by the private Opp. Parties against the order passed in the Writ Appeal. In the meantime, a larger Bench of this Court held that the Writ Appeal by the private Opp. Party is not maintainable. The State having not challenged the judgment before any forum cannot shy away from implementing the judgment.

3. Learned State counsel shall take instructions specifically in this regard and apprise this Court as to why the judgment of this Court remains unimplemented even though there has been no challenge to it by the State and there is no stay granted by any Court with regard to implementation of the judgment.

4. List this matter on 07.1.2026.

Location: High Court of Orissa, Cuttack (Sashikanta Mishra)

Judge AKB