Akshaya Kumar Maharana vs ) Anu Garg
2025 Latest Caselaw 7915 Ori

Orissa High Court

Akshaya Kumar Maharana vs ) Anu Garg on 4 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

           IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CONTC No.3966 of 2025
      Akshaya Kumar Maharana       .....       Petitioner
                                                         Represented By Adv. -
                                                         M/s Sadasiva Patra,
                                                         Sandeep Rath, Asutosh
                                                         Rout, Kshirabdhi
                                                         Tanaya Patra

                                    -versus-
      1) Anu Garg, Principal Secy.,      .....                      Opposite
      Water Resources Dept.,                              Parties/Contemnors
      Odisha
      2) Chandrasekhar Padhi, Engnr. In             Represented By Adv. -Mr.
      Chief. W.r Dept., Odisha                      S.K.Bramha, A.S.C.
      3) Chitta Ranjan Bhuyan, Chief
      Engnr. And Basin Manager,
      Subarnarekha And Budhabalanga
      Basin
      4) Gokul Chandra Padhi, Addl.
      Chief Engnr.,subarnarekha Irrigation
      Project
      5) Pratap Kumar Das, Supdt.
      Engnr.,baisinga Canal
      Divn.,laxmiposi, Baripada

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

                                        ORDER

04.09.2025

01. 1. This matter is taken up through Hybrid mode.

2. Alleging violation of this Court's order dated 24.02.2025 passed by this Court in W.P.(C) No.22653 of 2024, the Petitioner has approached this Court by filing the present contempt application.

3. On perusal of the order dated 24.02.2025, it appears that this Court while disposing of the writ application directed the Opposite Parties to grant the benefit to the Petitioner in terms of the judgment in Narusu Pradhan's case. Further it appears that batch of matters involving identical issues were pending before the Hon'ble Supreme Court. The same has been disposed of on 24.07.2025 i.e. in The State of Odisha & Ors. Vrs. G. Balakrishna. The Hon'ble Supreme Court has dismissed the SLP filed by the State. As such the order dated 24.02.2025 has attained finality. Since the issue involved in the present writ application is identical with the one that was involved in G.Balkrishna's case (supra), this Court is of the considered view that the issue has attained finality with the disposal of the above noted SLP by the Hon'ble Supreme Court.

4. In the aforesaid factual backdrop, learned counsel for the Contemnors sought for some more time to verify the aforesaid aspect and in the event the issue has attained finality, the Contemnors shall take necessary steps to implement the order dated 24.02.2025 passed by this Court in W.P.(C) No.22653 of 2024.

5. In view of the aforesaid position, the present contempt application is being disposed of by directing the Opposite Parties- Contemnors to implement the order dated 24.02.2025 passed by this Court in W.P.(C) No.22653 of 2024, keeping in view the decision of the Hon'ble Supreme Court in The State of Odisha & Ors. Vrs. G. Balakrishna disposed of on 24.07.2025,

within a period of eight weeks from the date of communication of a copy of this order, failing which, the Contemnors shall be liable to be proceeded under the Contempt of Courts Act.

( Aditya Kumar Mohapatra) Judge

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