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2023 DAILYLAW 930 (ORI)

BIJAY KUMAR BEHERA v. ANU GARG, PRINCIPAL SECY. WATER RESOURCES DEPT.

CONTC/5554/2023 · 2026-07-31

Aditya Kumar Mohapatra

Writ Petition (Civil)body2023

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.5554 of 2023 CNR No. ODHC010599062023 Bijay Kumar Behera ..... Petitioner Represented by adv. - M/s. Sadasiva Patra, Sandeep Rath, A.Rout -versus- Anu garg, Principal Secretary, Govt. of Odisha, Water Resources Department, Rajib Bhawan, Bhubaneswar and others. ..... Opposite Parties Represented by Adv. – Mr. C.M. Singh, ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 31.07.2026 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned counsel for the Opposite Parties-Contemnors. Perused the contempt application as well as the prayer made therein. 3. By filing the present contempt application, the Petitioner has alleged violation of this Court’s order dated 01.12.2022 passed by this Court in W.P.(C) No.30004 of 2022. By virtue of order dated 01.12.2022, this Court, while disposing of the said writ petition, directing the Opposite Parties to consider the grievance of the Petitioner Page 2 of 2. in the light of the order passed in similar writ petition. 4. Learned counsel for the Opposite Parties-Contemnors, at this juncture, contended that the order passed by this Court has already been complied with and that the prayer of the Petitioner has been rejected by passing a speaking and reasoned order dated 26.05.2023 at Annexure-Q to the contempt application. A copy of the order dated 26.05.2023 at Annexure-Q be handed over to the learned counsel for the Petitioner. 5. Perused the order dated 26.05.2023 passed by the Engineer-in- Chief, Water Resources, Bhubaneswar, at Annexure-Q to the writ petition. It appears that the Opposite Parties, after due consideration, have rejected the prayer of the Petitioner. The aforesaid rejection of the Petitioner’s prayer was objected to the learned counsel for the Petitioner on the ground that the Opposite Parties have taken a decision in violation of the order passed by this Court in the connected writ petition and, in any event, the Petitioner is required to challenge the rejection order dated 26.05.2023, at Annexure-Q to the writ petition, to get any effective relief. 6. Accordingly, the contempt application is disposed of by granting liberty to the Petitioner to challenge the order dated 26.05.2023 passed by the Engineer-in-Chief, Water Resources, Bhubaneswar, at Annexure- Q to the writ petition, if so advised, by filing a fresh writ petition. (Aditya Kumar Mohapatra) Judge Debasis