Jyoti Ranjan Pradhan Vs Subhasri Pattnaik

3. However, the Petitioner has filed a Memo/Petition dated 23.08.2025, which is at Flag-E of the record. It is revealed from the said Memo that the Petitioner has filed RVWPET No.424 of 2023 for review of the order dated 12.10.2023 passed in TRP(C) No.228 of 2023, which is allegedly pending till date for

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modification of the said order. However, the fact regarding filing of TRP(C) No.228 of 2023 so also RVWPET No.424 of 2023 has not been disclosed in the present Transfer Petition, even though RVWPET No.424 of 2023 has been filed by Mr. A.K. Nayak, learned Counsel, who is also the Counsel for the Petitioner in the present Transfer Petition.

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4. A prayer has been made vide the said Memo to hear RVWPET No.424 of 2023 so also the present Transfer Petition together.

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5. Since the Review Petition No.424 of 2023 is to be heard by the Bench, which passed order dated 12.10.2023 in TRP(C) No.228 of 2023, the Petitioner may move before the appropriate Bench for listing and hearing of the said RVWPET, if so advised.

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6. As is revealed from the order dated 12.10.2023 passed in TRP(C) No.228 of 2023, which was preferred by the present Opposite Party-Wife, the coordinate Bench, after hearing the parties, passed the said order for transfer of proceeding in C.P.No.54 of 2023, pending in the Court of learned Judge, Family Court, Nayagarh, to the Court of learned Judge, Family Court, Koraput, at Jeypore for analogous hearing of the said case with CrP. No.19 of 2023, which is pending before the same Court at Jeypore. However, suppressing the said fact, the Petitioner has filed the present transfer petition on 30.10.2023 for transfer of proceeding in CrP. No.19 of 2023 from the Court of the learned Judge, Family Court, Koraput, at Jeypore, to the Court of learned Judge, Family Court, Nayagarh for trial of the said case with C.P.No.54 of 2023, pending before the learned Judge, Family Court, Nayagarh. Such conduct of the Petitioner as well as his lawyer is contemptuous, deserving an action under the Contempt of Courts Act, 1971.

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7. Since the learned Counsel for the Petitioner is absent on call, in order to give an opportunity to explain the conduct of the Petitioner so also his Counsel, the matter stands adjourned, to be listed in the week commencing from 22^nd September, 2025.

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8. It is made clear that, if the Petitioner so also his Counsel go unrepresented on the adjourned date, appropriate order will be passed

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in their absence.

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9. Office is directed to communicate copies of this order to the Petitioner so also learned Counsel for the Petitioner at the earliest.”

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(Emphasis supplied)

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“ Order dated 26.09.2025

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2. Pursuant to order dated 03.09.2025, office note indicates that the said order has been communicated to the Petitioner as well his Counsel. However, learned Counsel for the Petitioner so also the Petitioner go unrepresented, when the matter is called.

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3. It is revealed from the record that an e- mail has been sent by the Petitioner on 25.09.2025 to the office acknowledging receipt of the order dated 03.09.2025 and seeks for a month’s time.

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4. Accordingly, the matter stands adjourned, to be listed in the week commencing from 17^th November, 2025.

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5. It is made clear that if the Petitioner so also his Counsel fail to appear on the adjourned date, appropriate order will be passed in terms of the observation made vide order dated 03.09.2025 in their absence .”

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(Emphasis supplied)

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4. However, the Transfer Petition stands dismissed with costs of Rs.20,000/- (Rupees twenty thousands) for suppression of facts regarding filing of TRP(C) No.228 of 2023 and order passed in the said case, as well as the fact regarding pendency of RVWPET No.424 of 2023, which was filed by the Petitioner through the same lawyer, who is also the lawyer of the Petitioner in the present Transfer Petition.

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5. The Petitioner is directed to deposit the costs of Rs.20,000/- before the Orissa High Court Advocates’ Welfare Fund within four weeks hence and file receipt in

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proof of such deposit with the Registry within the said period.

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6. It is made clear that, if the Petitioner fails to deposit the costs within the stipulated period, Office shall initiate a certificate proceeding before Certificate Officer (Sadar), Cuttack to recover the said costs imposed on the Petitioner as arrear of land revenue under the Orissa Public Demands Recovery Act, 1962 and on recovery of the said amount with interest, will deposit the same in the Orissa High Court Advocates’ Welfare Fund .

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7. Office is directed to report such fact to Odisha State Bar Council to initiate a disciplinary proceeding against Mr. Akshaya Kumar Nayak, learned Counsel for the Petitioner, having Enrollment No.O.389/1982, who is also equally responsible for such suppression of facts and swearing of false affidavit by the Petitioner, he being the Counsel for the Petitioner in RVWPET No.424 of 2023 and well aware about such fact regarding order dated 12.10.2023 passed in TRP(C) No.228 of 2023.

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8. A copy of this order shall also be communicated to the Petitioner through Speed Post with A.D. urgently for compliance regarding deposit of costs.

(S.K. Mishra)

Prasant

Judge

Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 20-Nov-2025 16:43:46

Jyoti Ranjan Pradhan v. Subhasri Pattnaik

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Jyoti Ranjan Pradhan v. Subhasri Pattnaik

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