Bhagaban Behera vs Vir Vikarm Yadav
2025 Latest Caselaw 8178 Ori

Orissa High Court

Bhagaban Behera vs Vir Vikarm Yadav on 12 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CONTC No.4210 of 2025
            Bhagaban Behera              .....      Petitioner
                                                           Represented By Adv. -
                                                           M/s Krishna Chandra
                                                           Sahu

                                           -versus-
            Vir Vikarm Yadav, IAS &              .....                Contemnors
            Ors.
                                                         Represented By Adv. -
                                                         U.R. Jena, A.G.A.

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

                                          ORDER

12.09.2025 Order No.

01. 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 Contemnors.

3. Learned counsel for the Petitioner at the outset contended that being aggrieved by non-compliance of order dated 31.03.2022 passed in W.P.(C) No.7630 of 2022, the Petitioner has approached this Court by filing the present contempt application.

4. In course of his argument, learned counsel for the Petitioner contended that as against order dated 31.03.2022, the State- Opposite Parties initially preferred a writ appeal bearing W.A. No.1527 of 2022 which was disposed of on 07.11.2023 thereby dismissing the writ appeal on merit. Thereafter, the State-Opposite Parties preferred an SLP before the Hon'ble Supreme Court by

filing SLP (C) No.10028 of 2024. The abovenoted SLP was taken up by the Hon'ble Supreme Court along with a batch of similar other matters. By virtue of the common judgment dated 24.07.2025 passed in The State of Odisha & Ors. v. G. Balakrishna (Special Leave Petition (Civil) Diary No.33400 of 2023). All connected leave applications were dismissed by the Hon'ble Supreme Court. Thus, the order passed by this Court has been affirmed by the Hon'ble Supreme Court. At this juncture, learned counsel for the Petitioner contended that despite the order passed by this Court having been upheld by the Hon'ble Supreme Court and that the same has attained finality, however, the Opposite Parties-Contemnors have not taken any steps to ensure that the order passed by this Court is implemented.

5. On the request of learned counsel for the Contemnor, he is granted six weeks' time, as a last chance, to ensure that the order passed by this Court as confirmed by the Hon'ble Supreme Court in G. Balakrishna's case (supra) is implemented within the period of six weeks, failing which the Contemnors-Opposite Parties shall be asked to appear before this Court and explain as to why they shall not be proceeded against under the Contempt of Court's Act.

6. The CONTC is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 12-Sep-2025 19:26:30