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2015 DAILYLAW 754 (ORI)

DEBENDRA SUTAR v. STATE OF ODISHA

WP(C)/21678/2015 · 2026-03-31

V Narasingh

Writ Petition (Civil)body2015

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21678 of 2015 Debendra Sutar …. Petitioner Mr. K.K. Rout, Advocate Ms. J. Naik, Advocate -versus- 1. State of Odisha, represented by its Secretary, Housing and Urban Development Department, Bhubaneswar 2. Orissa State Housing Board represented by its Secretary, Bhubaneswar 3. Competent Authority, Orissa State Housing Board represented By its Secretary, Bhubaneswar 4. Scheme Officer, Orissa State Housing Board represented by its Secretary, Bhubaneswar …. Opposite Parties Mr. M.R. Mohanty, AGA Mr. S. Mishra, Advocate (O.P. Nos.2 to 4) CORAM: JUSTICE V. NARASINGH Order No. ORDER 31.03.2026 07. 1. Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Opposite Party Nos.2 to 4. 2. Learned counsel for the Petitioner submits that she has no instruction in the matter regarding the compliance order dated 22.07.2025. 3. For convenience of reference, the order dated 22.07.2025 is extracted hereunder:- “1. Heard Mr. Rout, learned counsel for the petitioner and Mr. Mishra, learned counsel for opposite party Nos. 2 to 4 besides Mr. Ray, learned AGA for the State. 2. In course of hearing, it is brought to the notice of the Court by Mr. Mishra, learned counsel for opposite party Nos. 2 to 4 that there are outstanding dues payable by the petitioner and the Court’s order dated 7th December, 2015 to make a deposit of Rs.1,50,000/- within a stipulated time has not been complied with. 3. Mr. Rout, learned counsel for the petitioner, in response to the above, is inclined to take further instructions and to make the deposit of the amount as has been directed by this Court in Misc. Case No. 20122 of 2015 forthwith. 4. List on 5th August, 2025 for final orders with proof of the deposit made in the meantime. xxx xxx xxx 4. It is apt to note that there is no instruction submitted to this Court as to whether the order passed in 07.12.2015 has been complied with or not. 5. The order dated 07.12.2015 passed in this writ petition is also extracted hereunder:- “W.P.(C) No. 21678 of 2015 & Misc. Case No. 20122 of 2015 Issue notice to opposite party Nos. 2 and 4 by speed post, requisites for which shall be filed by tomorrow (8.12.2015). One extra copy of the writ petition be served on learned Addl. Government Advocate who will obtain instruction from opposite party No.1. Put up this matter on 13th January, 2016. As an interim measure in case the petitioner deposits a sum of Rs.1,50,000/- (one lakh fifty thousand) on or before 31st December, 2015 pursuant to notice dated 9.11.2015 under Annexure-7 status quo over the land in question shall be maintained by both parties till next listing.” 6. Learned counsel appearing for the Orissa State Housing Board, on instruction, submits that the outstanding amount qua the Petitioner regarding the Shop No.B/1 is Rs.10,09,090/-. The instruction is taken on record. 7. In view of the non-compliance of the order of this Court, this Court is constrained to hold that the Petitioner has chosen to violate the orders passed by this Court with impunity which cannot be countenanced by this Court of equity. Accordingly, the writ petition along with I.As. are dismissed. (V. NARASINGH) Ayesha Judge