Srikanta Behera Vs Kabindra Kumar Sahoo, O.a.S.(Ss) — Contempt of Court | Orissa HC (2025)

Srikanta Behera Vs Kabindra Kumar Sahoo, O.a.S.(Ss) — Contempt of Court | Orissa HC (2025)

What the court decided

AI extract

Outcome

Last chance granted to Opposite Party-Contemnor No.3 to implement the order dated 02.04.2024 passed in W.P.(C) No.7262 of 2024 within eight weeks from service of certified copy (subject to the operation of the order not having been stayed by a higher forum), with a compliance report to be filed before the Registry of this Court within one week thereafter; urgent certified copy to be granted on proper application.

Issue for consideration

Whether the Opposite Party-Contemnor wilfully and deliberately violated the order of this Court dated 02.04.2024 passed in W.P.(C) No.7262 of 2024, rendering the Contemnor liable to be proceeded against under the Contempt of Courts Act.

Court's answer

The Contempt Petition was disposed of by granting a last chance to Opposite Party-Contemnor No.3 to implement the order dated 02.04.2024 in its letter and spirit, if it has not attained finality and has not been stayed by a higher forum, within eight weeks of service of a certified copy of this order by the Petitioner, and to file a compliance report before the Registry within one week thereafter.

Ratio / Principle

Failure to give effect to the Court's order within the stipulated time of eight weeks will be construed as wilful and deliberate violation of the Court's order.

Detailed headnote1 paragraphs

CONTC No.165 of 2025, High Court of Orissa at Cuttack, order dated 21.02.2025 (A.K. Mohapatra, J.). Contempt application filed by Srikanta Behera alleging wilful and deliberate non-compliance of the order dated 02.04.2024 passed in W.P.(C) No.7262 of 2024, with a prayer that the Opposite Party-Contemnor be proceeded against under the Contempt of Courts Act. Counsel for the Contemnor submitted that the application had been forwarded to the Superintending Engineer, Northern Circle, and sought further time. The Court disposed of the contempt petition, granting a last chance to Opposite Party-Contemnor No.3 to implement the order in its letter and spirit, if it has not attained finality, within eight weeks from service of a certified copy, provided the operation of the order has not been stayed by a higher forum, and directing filing of a compliance report before the Registry within one week thereafter, clarifying that failure to comply within the stipulated time will be construed as wilful and deliberate violation of the Court's order.

IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.165 of 2025

Srikanta Behera

.....

Petitioner

Represented By Adv. - M/s Sailabala Jena

-versus-

1) Kabindra Kumar Sahoo, ..... Opposite O.a.s.(ss) Parties/Contemnors

Superintending Engineer, Represented By Adv. –Mr. Northern Circle, (r And B) M.R.Mohanty, A.G.A. Sambalpur 3) Pradip K. Samal, Engnr. In Chief (civil) , Odisha

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

21.02.2025

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

Alleging non-compliance of the order dated 02.04.2024 passed in W.P.(C) No.7262 of 2024 the Petitioner has approached this Court by filing the present CONTC Application.

Learned counsel for the Petitioner, at the outset alleged that the Opposite Party-Contemnor has wilfully and deliberately violated the order of this Court dated 02.04.2024. On such ground, learned counsel for the Petitioner submitted that the Contemnor is liable to be proceeded against under the Contempt of Courts Act.

Learned counsel for the Contemnor on the other hand

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contended that the Contemnor-Opposite Party No.1, Collector & District Magistrate has already forwarded the application to the Superintendent Engineer, Northern Circle and the matter is pending before the Superintending Engineer. In such view of the matter, learned counsel for the Contemnor-Opposite Party further submitted that in the event this Court grants some more time Opposite party shall ensure implementation of this Court’s order.

Considering the submissions of the learned counsel appearing for the Contemnor, this Court deems it proper to provide another opportunity and the Contempt Petition stands disposed of by granting last chance to the Opposite Party-Contemnor No.3 to implement the order in its letter and spirit, if the same has not attained finality in the meantime, within a period of eight weeks from the date of service of a certified copy of this order by the Petitioner, provided the operation of order has not been stayed by higher forum and file compliance report before the Registry of this Court within one week thereafter. It is made clear that in the event the order of the Court is not given effect to, within the time stipulated hereinabove, it will be construed to be wilful and deliberate violation of this Court’s order.

The CONTC is accordingly disposed of.

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

( A.K. Mohapatra)

Judge

Rubi

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Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-Feb-2025 12:33:52