Jagannath Kar Vs Deo Ranjan Kumar Singh, IAS — Orissa HC (2025) — LawSathi Research

Jagannath Kar Vs Deo Ranjan Kumar Singh, IAS — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Opposite Party-Contemnor to comply with the Court's direction dated 19.02.2024 in W.P.(C) No.2256 of 2024, if it has attained finality and has not been stayed by a higher forum, within six weeks from service of a certified copy of this order, and to file a compliance report before the Registry within one week thereafter; non-compliance within the stipulated time to be construed as wilful and deliberate violation.

Issue for consideration

Whether the Opposite Party-Contemnor's alleged non-implementation of the Court's order dated 19.02.2024 in W.P.(C) No.2256 of 2024, despite communication, amounts to wilful and deliberate violation of the Court's direction.

Court's answer

The Court, considering the Contemnor's request, provided another opportunity to the Contemnor as a last chance and disposed of the Contempt Petition with a direction to comply with the Court's direction dated 19.02.2024 in W.P.(C) No.2256 of 2024.

Ratio / Principle

Compliance with the direction dated 19.02.2024 in W.P.(C) No.2256 of 2024 is to be made, if the same has attained finality in the meantime, within six weeks from the date of service of a certified copy of this order by the Petitioner.

Key takeaways

Compliance is conditioned on the operation of the order not having been stayed by a higher forum, and the Contemnor must file a compliance report before the Registry of the Court within one week thereafter.ratio¶20
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.ratio¶20

Detailed headnote1 paragraphs

Contempt Petition (CONTC No.454 of 2025, High Court of Orissa) filed by Jagannath Kar against Deo Ranjan Kumar Singh, I.A.S. & Ors., alleging non-implementation of the Court's order dated 19.02.2024 passed in W.P.(C) No.2256 of 2024, which had been communicated vide a postal receipt under Annexure-2. Considering the request of learned counsel for the Contemnor for time, the Court, as a last chance, directed the Opposite Party-Contemnor to comply with the said direction, if it has attained finality in the meantime and its operation has not been stayed by a higher forum, within six weeks from the date of service of a certified copy of the order by the Petitioner, and to file a compliance report before the Registry within one week thereafter. It was made clear that failure to give effect to the order within the stipulated time would be construed as wilful and deliberate violation of the Court's order. The CONTC was accordingly disposed of. (Paras 6-7)

IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.454 of 2025

Jagannath Kar

.....

Petitioner

Represented By Adv. - Prafulla Kumar Mohapatra

-versus-

Deo Ranjan Kumar Singh, ..... Opposite Parties I.A.S. & Ors.

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 19.02.2024 passed in W.P.(C) No.2256 of 2024.

Learned counsel for the Petitioner contended that although the order dated 19.02.2024 was duly communicated vide a postal receipt under Annexure-2 to the contempt application. 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.

Page 1 of 2.

Learned counsel for the Contemnor on the other hand sought for some time to implement the order passed by this court in the event the same has attained finality.

Considering the request made by the learned counsel for the Contemnor, this Court deems it proper to provide another opportunity to the Contemnor as a last chance and the Contempt Petition stands disposed of with a direction to the Opposite PartyContemnor to comply with the direction of this Court dated 19.02.2024 passed in W.P.(C) No.2256 of 2024, if the same has attained finality in the meantime, within a period of six 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.

7. The CONTC is accordingly disposed of.

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

( A.K. Mohapatra ) Judge

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