Kalakar Bentakar vs Yogesh Bahadur Khurania
2026 Latest Caselaw 1637 Ori

Orissa High Court

Kalakar Bentakar vs Yogesh Bahadur Khurania on 20 February, 2026

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CONTC No.777 of 2025

            Kalakar Bentakar                               ....             Petitioner
                                                                               None

                                      -versus-
            Yogesh Bahadur Khurania, I.P.S.                .... Opposite Parties

                                                 Mr. Prem Kumar Mohanty, ASC

                                 CORAM:
                 HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No.                                  ORDER
   08.                                    20.02.2026
            1.     None appears for the petitioner at the time of call.
            2.     Vide order dated 05.01.2026, it is made clear that
            notwithstanding filing of writ appeal by the State, unless order of
            restraint to carry out the judgment dated 21.10.2024 passed in
            W.P.(C) No.9858 of 2021 is furnished, this Court is constrained to
            proceed with the matter. It is observed referring to Sanjiv Kumar
            Singh v. The State of Bihar and others, reported in 2023 LiveLaw
            (SC) 63, that mere filing of Writ Appeal shall not be construed as stay
            of order dated 17.03.2025 passed in W.P.(C) No.18093 of 2017. It
            may be brought to the notice of all concerned that the Hon'ble
            Supreme Court of India in the case of Sanjiv Kumar Singh (supra),
            observed as follows:
                   "Though, such contention is put forth by the respondents,

keeping in view the provisions as contained in Order 41 Rule 5 CPC, unless the appeal is listed and there is an interim order, the mere filing of the appeal would not operate as a stay. If that be so, the judgment and decree dated 25.08.2021 would enure to the benefit of the petitioner as on today and the rejection of the NOC only on the ground that the appeal

has been filed, would not be justified. In that view, the High Court was also not justified in rejecting the petition."

3. Sri Prem Kumar Mohanty, learned Additional Standing Counsel appearing for the opposite party sought for a short accomodation to file affidavit indicating compliance of the judgment dated 21.10.2024 passed in W.P.(C) No.9858 of 2021, by the next date.

4. List this matter on 06.03.2026. [[

(M.S. Raman) Judge MRS

Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 20-Feb-2026 18:29:11