Orissa High Court
Ramesh Chandra Dehury vs Anu Garg on 27 November, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC Nos.5596, 4129, 5600, 5601, 5622, 5623, 5628,
5641, 5644, 5652 of 2024 & CONTC No.3908 of 2025
Ramesh Chandra Dehury
.... Petitioner
Mr. B. Barik, Advocate
-versus-
Anu Garg, I.A.S & Ors.
.... Opposite Parties
Mr. A. Tripathy, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
Order No. 27.11.2025
01. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical) Mode.
2. Show cause affidavit filed in Court be kept in record.
3. Heard learned counsel appearing for the Parties.
4. On the face of the order passed by this Court on
17.09.2025, the order passed by this Court so confirmed
by the Apex Court has not yet been implemented. Basing
on the show-cause, it is contended that after dismissal of
the matter by the Apex Court in a batch of cases vide
order dtd.24.07.2025, the matter was referred to the Law
Department for their considered view on 16.08.2025. The
file after being verified by the Law Department was
returned back on 12.11.2025 and now in a High Level
Meeting, so called by the Chief Secretary, a decision will
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be taken with regard to the implementation of the
judgment passed by the Apex Court on 24.07.2025 in
SLP (Civil) Diary No.33400 / 2023 and batch.
4.1. It is accordingly contended that some further time is
required to implement the order.
5. This Court in most of the cases is finding that after
passing of an order passed by this Court and
confirmation of the same by the Apex Court, the State
instead of implementing the order, is referring the matter
to the Law Department and / or to the concerned
Department seeking their opinion with regard to the
implementation of the order. It is the view of this Court
once an order passed by this Court has been upheld by
the Apex Court, there is no occasion to seek the opinion
of the Law Department or the concerned Department with
regard to its implementation.
5.1. This Court time and again though is deprecating
such action of the State, but it is found that the same is
continuing as on date. Therefore, while deprecating such
action of the State in referring the matter to the Law
Department in the present case seeking their opinion for
implementation of the order already upheld by the Apex
Court, this Court is of the view that such action of the
State is nothing but on attempt to overreach the order,
confirmed by the Apex Court.
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5.2. Therefore, this Court while not accepting the show
cause filed today, directs for personal appearance of the
Opposite Party-Contemnor and direct her to file a fresh
show cause as to why on the face of the order passed by
the Apex Court on 24.07.2025 the order passed in the
Writ Petition has not yet been implemented.
6. As requested by the learned Addl. Government
Advocate for the State, list these matters on 5th
December, 2025.
Free copy of this order be handed over to Mr. A.
Tripathy, learned AGA for compliance.
The present order be also communicated to the
Chief Secretary, Odisha for its communication to all the
Departments of the State.
(Biraja Prasanna Satapathy)
Judge
Subrat
Location: HIGH COURT OF ORISSA, CUTTACK
