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Niroj Meher Vs Anya Das,Ias — Orissa HC (2025) — LawSathi Research

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Orissa HC
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Niroj Meher Vs Anya Das,IasNiroj Meher v. Anya Das,Ias

Disposed¶21

Niroj Meher v. Anya Das,Ias

CONTEMPT OF COURT – NON-IMPLEMENTATION OF EARLIER ORDER

Orissa HC7 Mar 2025CONTC/449/2025

Case brief

AI extract

What is this about?

Contempt petition CONTC No.449 of 2025, Niroj Meher v. Anya Das, I.A.S., High Court of Orissa at Cuttack, order dated 07.03.2025 by Justice Aditya Kumar Mohapatra; alleges non-implementation of the Court's order dated 08.12.2023 in W.P.(C) No.39600 of 2023 despite due communication; disposed of granting a last opportunity to comply within three months of service of certified copy, subject to the order having attained finality and not being stayed by a higher forum; compliance report before the Registry within one week thereafter; non-compliance within the stipulated time to be construed as wilful and deliberate violation of the Court's order.

What did the court decide?

Last opportunity granted to the Opposite Party-Contemnor to comply with the order dated 08.12.2023 in W.P.(C) No.39600 of 2023 within three months, with a compliance report to be filed before the Registry within one week thereafter.

Why is it important?

As a last chance, the Opposite Party-Contemnor was directed to comply with the direction dated 08.12.2023 in W.P.(C) No.39600 of 2023 in letter and spirit, if attained finality and not stayed by a higher forum, within three months of service of a certified copy of this order, and to file a compliance report before the Registry within one week thereafter. ¶20

What the court decided

AI extract

Outcome

Last opportunity granted to the Opposite Party-Contemnor to comply with the order dated 08.12.2023 in W.P.(C) No.39600 of 2023 within three months, with a compliance report to be filed before the Registry within one week thereafter.

Issue for consideration

Whether the Opposite Party's failure to implement the Court's order dated 08.12.2023 passed in W.P.(C) No.39600 of 2023 amounts to wilful and deliberate violation, and whether a further opportunity for compliance should be afforded.

Court's answer

As a last chance, the Opposite Party-Contemnor was directed to comply with the direction dated 08.12.2023 in W.P.(C) No.39600 of 2023 in letter and spirit, if attained finality and not stayed by a higher forum, within three months of service of a certified copy of this order, and to file a compliance report before the Registry within one week thereafter.

Ratio / Principle

If the Court's order is not given effect to within the stipulated time, it will be construed as wilful and deliberate violation of the Court's order.

Detailed headnote1 paragraphs

CONTEMPT OF COURT – NON-IMPLEMENTATION OF EARLIER ORDER – High Court of Orissa at Cuttack disposed of CONTC No.449 of 2025 (Niroj Meher v. Anya Das, I.A.S.) alleging non-implementation of the Court's order dated 08.12.2023 passed in W.P.(C) No.39600 of 2023; as a last chance, the Opposite Party-Contemnor was directed to comply with the said order in letter and spirit, if it had attained finality and had not been stayed by a higher forum, within three months of service of a certified copy of the order, and to file a compliance report before the Registry within one week thereafter; failure to give effect to the order within the stipulated time was declared to be construable as wilful and deliberate violation of the Court's order. (Aditya Kumar Mohapatra, J.; order dated 07.03.2025)

A

IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.449 of 2025

Niroj Meher

..... Petitioner

Represented By Adv. - Pranab Ranjan Chhatoi

-versus-

Anya Das, I.A.S.

..... Opposite Parties Represented By Adv. – S.K. Parhi, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

07.03.2025

Order No.

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

Heard learned counsel for the Petitioner.

This Contempt Petition is filed alleging non-implementation of the Court’s order dated 08.12.2023 passed in W.P.(C) No.39600 of 2023.

Learned counsel for the Petitioner contended that although the order dated 08.12.2023 was duly communicated. However, same has not been implemented. As such, it is alleged that the conduct of the Opposite Party-Contemnor is construed as an act of wilful and deliberate violation of this Court’s direction.

Learned counsel for the Contemnor on the other hand sought for some time to implement the order passed by this court. He further

Page 1 of 2.

contended that the Contemnor-Opposite Party is likely to take a policy decision with regard to the subject matter involved in the connected writ application.

Considering the request made by the learned counsel for the Contemnor, this Court deems it proper to provide another opportunity as a last chance and the Contempt Petition stands disposed of with a direction to the Opposite Party-Contemnor to comply with the direction of this Court dated 08.12.2023 passed in W.P.(C) No.39600 of 2023 in its letter and spirit, if the same has attained finality in the meantime, within a period of three months 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.

7. The CONTC is accordingly disposed of.

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

Anil

Signature Not Verified

Digitally Signed Signed by: ANIL KUMAR SAHOO Page 2 of 2. Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Mar-2025 14:43:50

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Opposite Party's failure to implement the Court's order dated 08.12.2023 passed in W.P.(C) No.39600 of 2023 amounts to wilful and deliberate violation, and whether a further opportunity for compliance should be afforded.medium confidence¶16
The court held
As a last chance, the Opposite Party-Contemnor was directed to comply with the direction dated 08.12.2023 in W.P.(C) No.39600 of 2023 in letter and spirit, if attained finality and not stayed by a higher forum, within three months of service of a certified copy of this order, and to file a compliance report before the Registry within one week thereafter.ratio¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
Alleged non-implementation of this Court's order dated 08.12.2023 passed in W.P.(C) No.39600 of 2023¶15
High Court of Orissa · 08.12.2023
Prior proceeding
Order dated 08.12.2023 passed in W.P.(C) No.39600 of 2023, the non-implementation of which is the subject of this contempt petition.¶15
Prior proceeding
The order dated 08.12.2023 was duly communicated but not implemented; the Opposite Party's conduct is alleged to constitute wilful and deliberate violation.¶16

Parties & counsel

AI extract

petitioner
Niroj Meher¶2
Pranab Ranjan Chhatoi
respondent
Anya Das, I.A.S.¶6
S.K. Parhi, A.S.C.

Coram

AI extract

Aditya Kumar Mohapatraauthor¶9

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 7 Mar 2025 · March
Registered: 27 Jan 2025
Case no.: CONTC/449/2025
CNR: ODHC010057782025
Bench: Aditya Kumar Mohapatra
Disposal: Disposed Off
Case type: CONTC

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Cite this judgement

Niroj Meher v. Anya Das,Ias, CONTC/449/2025 (OD), decided on 7 March 2025.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history3

Alleged non-implementation of this Court's order dated 08.12.2023 passed in W.P.(C) No.39600 of 2023High Court of Orissa · 08.12.2023
Order dated 08.12.2023 passed in W.P.(C) No.39600 of 2023, the non-implementation of which is the subject of this contempt petition.
The order dated 08.12.2023 was duly communicated but not implemented; the Opposite Party's conduct is alleged to constitute wilful and deliberate violation.

View full history

Bench / Coram

Aditya Kumar Mohapatra

Parties & counsel