Rabindra Kumar Jena vs ) Vir Vikram Yadav
2025 Latest Caselaw 8493 Ori

Orissa High Court

Rabindra Kumar Jena vs ) Vir Vikram Yadav on 19 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CONTC No.9688 of 2023
            Rabindra Kumar Jena          .....       Petitioner
                                                         Represented By Adv. -
                                                         M/s Sidheswar Mallik

                                        -versus-
            1) Vir Vikram Yadav, Principal       .....          Opposite Parties
            Secy. To Govt. Of Odisha, Works
            Dept.
            2) Manoranjan Mishra,engnr In                 Represented By Adv. -
            Chief,(civil) ,odisha                         Ms.B.K.Sahu, AGA
            3) Dukhabandhu Behera,chief
            Engnr(building)

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

19.09.2025 Order No.

05. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Alleging non-compliance of the order dated 07.12.2022 passed in W.P.(C) No.36009, the Petitioner has approached this Court by filing the present Contempt Petition.

3. Learned counsel for the Petitioner contended that the order passed by this Court on 07.12.2022 was assailed by filing a Writ Appeal before the Division Bench. The Hon'ble Division Bench dismissed the Writ Appeal, against which the State-Opposite Parties approached the Hon'ble Supreme Court by filing SLP. He further contended that in the meantime the SLP preferred by the State has been allowed and the matter has been remanded back to the Hon'ble Division Bench for disposal of the Writ Appeal

afresh.

4. In course of his argument, learned counsel for the Petitioner contended that the issue involved in the aforesaid Writ Petition is directly and substantially involved in a batch of matter in the case of The State of Odisha & Ors v. G.Balakrishna (Special Leave Petition (Civil) Diary No.33400 of 2023) which was disposed of on 24.07.2025.

5. In view of the aforesaid position, this Court is of the view that the Opposite Parties shall examine the case of the Petitioner in the light of the aforesaid decision. In the event the Petitioner's case is covered by the judgment in the case of The State of Odisha & Ors v. G.Balakrishna (supra), the order of this Court be implemented within a period of eight weeks. It is made clear that compliance of the order shall be subject to the outcome of the Writ Appeal.

( A.K. Mohapatra ) Judge RKS

Location: High Court of Orissa