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1904 DAILYLAW 3 (ORI)

MANAGING COMMITTEE OF BERHAMPUR HIGH SCHOOL, PURI v. DR.N.THIRUMALA NAIK, IAS

CONTC/1904/2026 · 2026-04-23

Biraja Prasanna Satapathy

Special Leave Petitionbody1904

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No. 1904 of 2026 Managing Committee of Berhampur High School, Puri & Ors. …. Petitioners Mr. D.K. Mohapatra, Advocate -versus- Dr. N. Thirumala Naik, IAS & Ors. …. Opposite Parties Mr. C.K. Pradhan, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 23.04.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Learned counsel appearing for the Petitioners contended that since the order passed by this Court in FAO No.707 of 2018 on 26.03.2025 was dismissed by the Apex Court vide order dtd.12.03.2026 so available under Annexure-4, on the face of such dismissal Opposite Parties-Contemnors are not complying the order. 4. Mr. C.K. Pradhan, learned Addl. Government Advocate on the other hand contended that even though the appeal filed against the order dtd.26.03.2025 was dismissed by the Apex Court vide order dtd.12.03.2026 under Annexure-4, but the FAO in question was disposed of in the light of the judgment passed in FAO No.509 of 2014 and batch. 4.1. It is contended that order passed in FAO No.509 of 2014 and batch, Hon’ble Apex Court while not entertaining the appeals, allowed six months’ time to the State to do the needful in terms of the order issued in the said FAOs. 4.2. It is accordingly contended that in view of the order passed in FAO No.509 of 2014 & batch by the Apex Court subsequent to the dismissal of the SLP, no contempt lies. 5. Having heard learned counsel appearing for the Parties and considering the submissions, it is found that FAO No.707 of 2018 was disposed of in the light of the judgment passed in FAO No.509 of 2014 and batch. Even though the appeal filed against the order dtd.26.03.2025 in FAO No.707 of 2018 was dismissed by the Apex Court vide order dtd.12.03.2026, but taking into account the nature of order passed by the Apex Court while not entertaining the appeals filed against the orders passed in FAO No.509 of 2024 & batch, the Apex Court has given six months’ time to the Government to do the needful. In view of the nature of order passed by the Apex Court while disposing a batch of appeals filed by the State against the order passed in FAO No.509 of 2014 and batch, as per the considered view of this Court, no Contempt lies at present. 6. Accordingly, the Contempt Petition stands disposed of with liberty to file it again if no action is taken in terms of the order passed in the appeals filed by the State challenging the order passed in FAO No.509 of 2014 & batch. (Biraja Prasanna Satapathy) Judge Subrat