Citation : 2026 Latest Caselaw 2747 Ori
Judgement Date : 23 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.5813 of 2025
Trithabasi Sahu .... Petitioner
Represented by Adv.-
Mr. A. Pattjoshi, Adv.
-versus-
Smt. Anu Garg, IAS, .... Respondents
Principal Secretary to Govt Represented by Adv.-
Dept. of Water Resources, Mrs. S. Pattanayak, AGA
Bhubaneswar, Khurda
CONTC No.5814 of 2025
Dhanaraj Sahu .... Petitioner
Represented by Adv.-
Mr. A. Pattjoshi, Adv.
-versus-
Smt. Anu Garg, IAS, .... Respondents
Principal Secretary to Govt Represented by Adv.-
Dept. of Water Resources, Mrs. S. Pattanayak, AGA
Bhubaneswar, Khurda
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
JUSTICE CHITTARANJAN DASH
ORDER
23.03.2026 Order No.
02. A Co-ordinate Bench Decision of this Court, vide order dated 19.11.2024 in complainant's WP(C) No.28451 of 2024, had given the benefit in terms of paragraph 6 thereof which reads as under:
"6. In view of the above, we dispose of the writ petition with a direction to opposite party no.l to sanction the amount at an early stage and thereafter the opposite party No.3-Special Land Acquisition Officer, Upper Indravati Irrigation Project, Kusumkhunti, in the district of Kalahandi shall take expeditious step for disbursement of the compensation amount by end of February, 2025, if there is no other impediment."
2. After service of notice, the contemnors having entered appearance through learned AGA Smt. Pattanayak, who have filed a set of documents. The letter No.8341/WR, dated 17.05.2026 addressed to Office of the Advocate General reads as under:
"To The Advocate General, Odisha, Cuttack Sub:- Compliance to the orders of Hon'ble High Court in 02 (Two) numbers of Contempt Cases.
Sir, I am directed to inform you that necessary sanction orders have already been issued in favour of 02(Two) numbers of petitioners in the following Contempt Cases.
Sl. CONTC Name Sanctioned Sanctioned
No No. in Favour Order
1 5813/2025 Trithabasi Tirthabasi Sahu Letter
Sahu no.8301, dt-
17.3.2026
2 5814/2025 Dhanaraj Sahu Iswar Chandra Letter
Sahu & others No.8303, dt-
17.03.2026
It is therefore, requested to kindly pray before the Hon'ble High Court for disposal of the above mentioned contempt Cases.
This may be treated as Urgent.
Encl-as above Y ours faithfully, Sd/-
Director (R&R) & Ex-Offico Special Secretary to Government."
3. The Fax/e-mail No.8309/WR, dated 17.03.2026 reads as under:
"Government of Odisha Department of Water Resources WR-LA-CASEOP-0462-2025-8309 WR, Dated-17/03/2026 From Shri Ashok Kumar Behera, OAS(SS) Director (R&R) & Ex-Officio Special Secretary to Govt. To The Accountant General (A&E), Odisha, Bhubaneswar. Sub- Sanction of decretal duas u/s-18(1) of the LA Act, 1894 amounting to Rs. 8,49,410/-(Rupees Eight Lakh Forty Nine Thousand Four Hundred Ten) only in favour of Tirthabasi Sahu of village-Kasibahal in the Dist Kalahandi under UIIP relating to LAR No-63/2009& CONTC No-5813/2025.
Sir, I am directed to convey the sanction of Government towards payment of Rs. 8,49,410/-(Rupees Eight Lakh Forty Nine Thousand Four Hundred Ten) only towards the payment of decretal dues u/s-18(1) of the LA Act, 1894 in favour of Tirthabasi Sahu of village-Kasibahal under UIIP In the Dist-Kalahandi for Construction of UlIP.
2. The charge is debitable to "Demand No.20-4701-capital outlay on-Medium Irrigation-State Sector Schemes-98-Upkeeping of Existing Irrigation System Commercial-800-Other Expenditure- 0147-Clearance of Liabilities-14001-Payment of Decretal Dues charged during the financial year 2025-26"
3. In no case, the expenditure will exceed the budget provision for Financial Year 2025-26.
4. This has been concurred in by the FA Cell, DOWR
5. Payment should be made through Electronic transfer only. This sanction order is based on the amount calculated by the Spl. LAO. Only the interest component has been updated. It is expected that the Spl, LAO has properly verified the award copy and the judgment, before preparation of the calculation sheet. It is also expected that the decretal dues to the decree holder has been verified property at his level to avoid future legal complication. Further, he must verify that the payment in respect of the above case has not been made earlier.
Yours faithfully, Sd/-
Director R&R & Ex-Officio Special Secretary to Govt."
4. A perusal of the above two letters shows that the contemnor is being reimbursed the amount due in terms of order of the Coordinate Bench.
5. Learned AGA submits that the credit of the said amount would happen before long and there is no reason to doubt this version and therefore, we do not grant any adjournment at the request of complainant, contempt essentially being a matter between the Court and the contemnor.
In the above circumstances, the proceedings are dropped with a warning to the contemnor to ensure due payment of the amounts specified in the above subject letters within an outer limit of one month, failing which it is open to the complainant to revive the complaint for aggravated offence of contempt. In that event heavy costs payable by the contemnors personally may happen in addition to possible confinement.
Web copy of order to be acted upon by all concerned.
(Krishna Shripad Dixit) Judge
(Chittaranjan Dash) Judge
Prasant
Signed by: PRASANT KUMAR SAHOO
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