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Sarat Kumar Rout vs Anu Garg
2025 Latest Caselaw 8464 Ori

Citation : 2025 Latest Caselaw 8464 Ori
Judgement Date : 19 September, 2025

Orissa High Court

Sarat Kumar Rout vs Anu Garg on 19 September, 2025

Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 CONTC No.4154 of 2025

            Sarat Kumar Rout                       .....                  Petitioner
                                                              Represented By Adv. -
                                                              M/s Sadasiva Patra,
                                                              Sandeep Rath, Asutosh
                                                              Rout


                                           -versus-

            Anu Garg, Development                     .....             Contemnor
            Commnr. Cum Addl. Chief
            Secy., W.r Dept., Odisha
                                                              Represented By Adv. -
                                                              C.M. Singh, A.S.C.


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

                                          ORDER

19.09.2025 Order No.

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

2. Learned counsel for the Petitioner at the outset sought for permission to carry out certain corrections in the cause title of the application as inadvertently certain errors have been made in the cause title of the petition at the time of typing out the same.

3. Considering such submission, he is permitted to carry out the correction and upload the corrected copy by tomorrow (20.09.2025).

4. Alleging the violation of this Court's order dated 22.11.2023

passed in W.P.(C) No.22189 of 2023 the petitioner has approached this Court by filing the present writ application.

5. On perusal of the order dated 22.11.2023 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 a batch of matter involving identical issues were pending before the Hon'ble Supreme Court. The same has been disposed of on 24.07.2025 i.e. in State of Odisha vs. G.Balkrishna. The Hon'ble Supreme Court has dismissed the SLP filed by the State. As such the order dated 22.11.2023 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 abovenoted SLP by the Hon'ble Supreme Court.

6. Learned counsel for the State on the other hand contended that although a Writ Appeal which has been filed is of the year 2024 challenging order dated 22.11.2023, however the same has not been finally disposed of. No order was produced before this Court showing that either the order dated 22.11.2023 has been stayed or the further proceeding in the present contempt proceeding has been stayed by the Hon'ble Division Bench.

7. In view of the aforesaid position, the present contempt application is being disposed of by directing the State-Opposite Parties to implement the order passed by this Court, keeping in view the decision of the Hon'ble Supreme Court in State of Odisha vs. G.balakrishan disposed of on 24.07.2025 within a period of eight weeks from the date of communication of a copy of today's order.

Failing which the contemnor shall be liable to be proceeded against under the Contempt of Court's Act.

( Aditya Kumar Mohapatra ) Judge

Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 19-Sep-2025 19:25:37

 
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