Pratap Kishore Mohanty Vs Anu Garg, I.A.S. — Contempt of Court | Orissa HC (2025)

Pratap Kishore Mohanty Vs Anu Garg, I.A.S. — Contempt of Court | Orissa HC (2025)

What the court decided

AI extract

Outcome

State-Opposite Parties directed to implement this Court's order (dated 27.04.2023 in W.P.(C) No.13144 of 2023), keeping in view the Hon'ble Supreme Court decision in State of Odisha vs. G.balakrishan, within eight weeks from the date of communication of a copy of the order; failing which, the contemnor is liable to be proceeded against under the Contempt of Courts Act.

Issue for consideration

Whether the State-Opposite Parties have violated the order dated 27.04.2023 passed in W.P.(C) No.13144 of 2023 (grant of benefit in terms of Narusu Pradhan's case), and whether that order — having attained finality after dismissal of the State's SLP in State of Odisha vs. G.Balkrishna — must now be implemented despite the pendency of a 2024 Writ Appeal.

Court's answer

With the disposal of the batch of identical matters on 24.07.2025 and dismissal by the Hon'ble Supreme Court of the SLP filed by the State in State of Odisha vs. G.Balkrishna, the issue involved in the present application being identical, the order dated 27.04.2023 and the issue have attained finality.

Ratio / Principle

The contempt application is disposed of by directing the State-Opposite Parties to implement the order passed by this Court, keeping in view the decision of the Hon'ble Supreme Court in State of Odisha vs. G.balakrishan disposed of on 24.07.2025, within eight weeks from communication of a copy of the order, failing which the contemnor shall be liable to be proceeded against under the Contempt of Courts Act.

Detailed headnote1 paragraphs

CONTC No.533 of 2024 (High Court of Orissa, Cuttack; order dated 01.08.2025; Aditya Kumar Mohapatra, J.) — Alleged violation of the order dated 27.04.2023 in W.P.(C) No.13144 of 2023, whereby the Opposite Parties were directed to grant the petitioner benefit in terms of the judgment in Narusu Pradhan's case. A batch of identical matters pending before the Hon'ble Supreme Court was disposed of on 24.07.2025 in State of Odisha vs. G.Balkrishna, with the State's SLP dismissed; the Court therefore held that the order dated 27.04.2023 and the issue involved had attained finality. Though a Writ Appeal of 2024 challenging the said order remained pending and undisposed, no order staying that order or the contempt proceeding was produced. The contempt application was disposed of by directing the State-Opposite Parties to implement the Court's order, keeping in view the Supreme Court decision, within eight weeks from communication of the order, failing which the contemnor would be liable to be proceeded against under the Contempt of Courts Act.

IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.533 of 2024

Pratap Kishore Mohanty

..... Petitioner

Represented By Adv. - Ms. Sudhashree Pasayat

-versus-

Vishal Kumar Dev,ias,principal Represented By Adv. –Ms. Secy. To Finance Dept. B.K.Sahu, A.G.A.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

ORDER

01.08.2025

Order No.

This matter is taken up through Hybrid mode.

Alleging the violation of this Court’s order dated 27.04.2023 passed in W.P.(C) No.13144 of 2023 the petitioner has approached this Court by filing the present writ application.

On perusal of the order dated 27.04.2023 it appears that this Court while disposing of the writ application directed the Opposite parties to grant the benefit to the petitioner in terms of the judgment in Narusu Pradhan’s case. Further it appears that a batch of matter involving identical issues were pending before the Hon’ble Supreme Court. The same has been disposed of on 24.07.2025 i.e. in State of Odisha vs. G.Balkrishna. The Hon’ble Supreme Court has dismissed the SLP filed by the State. As such the order dated 27.04.2023 has attained finality. Since the issue involved in the present writ application is identical with the one that was involved in

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G.Balkrishna’s case ( supra ). This Court is of the considered view that the issue has attained finality with the disposal of the abovenoted SLP by the Hon’ble Supreme Court.

Learned counsel for the State on the other hand contended that although a Writ Appeal which has been filed is of the year 2024 challenging order dated 27.04.2023, however the same has not been finally disposed of. No order was produced before this Court showing that either the order dated 27.04.2023 has been stayed or the further proceeding in the present contempt proceeding has been stayed by the Hon’ble Division Bench.

In view of the aforesaid position, the present contempt application is being disposed of by directing the State-Opposite Parties to implement the order passed by this Court, keeping in view the decision of the Hon’ble Supreme Court in State of Odisha vs. G.balakrishan disposed of on 24.07.2025 within a period of eight weeks from the date of communication of a copy of today’s order. Failing which the contemnor shall be liable to be proceeded against under the Contempt of Court’s Act.

( Aditya Kumar Mohapatra )

Judge

Rubi

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Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: OHC Date: 05-Aug-2025 10:54:25