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2025 DAILYLAW 5533 (ORI)

SIRLA MOHAN RAO v. BALAMUKUNDA BHUYAN, DIRECTOR OF ELEMENTARY EDUCATION, ODISHA

CONTC/5586/2025 · 2026-03-13

Biraja Prasanna Satapathy

Civil Appealbody2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC Nos. 5451 & 5586 of 2025 P. Appa Rao ..... Petitioner Mr. C.A. Rao, Sr. Adv. -versus- Balamukunda Bhuyan, Director of Elementary Education, Odisha ..... Opposite Party Mr. S.P. Das, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 13.03.2026 Order No. 01 1. This matter is taken up through hybrid mode. 2. Heard learned counsel appearing for the Parties. 3. Both the Contempt Petition have been filed seeking compliance of order dated 10.07.2023 so passed by this Court in W.P.(C)(OAC) No.1432 of 2011 and batch. 4. Learned Addl. Standing Counsel raised a preliminary objection with regard to maintainability of the Contempt Petition on the ground that it has not been filed within the prescribed time period in terms of the provisions contained under Section 20 of the Contempt of Court’s Act. 5. To the submission made by learned Addl. Standing Counsel, learned Senior Counsel appearing for the Petitioner contended that the order passed by this Court on 10.07.2023, when was not implemented and instead an order was passed on 21.08.2023 contrary to the direction, the same was challenged by the present Petitioners before this Court in W.P.(C) No.6557 of 2024 and batch. Page 2 of 3. 5.1. During pendency of those Writ Petitions, the order passed by the Director on 21.08.2023 was recalled vide order dated 04.04.2024 and accordingly, Writ Petitions were disposed of as having become infructuous. 5.2. However, after recalling such order vide order dated 04.04.2024, order dated 10.07.2023 has not yet been implemented on the ground of pendency of a Writ Appeal. 6. Having heard learned counsel for the Parties and considering the submission made, this Court finds that the Writ Petitions in question were disposed of vide order dated 10.07.2023. On the face of such order when a contrary order was passed by the Opp. Party-Contemnor on 21.08.2023, the same was assailed by the Petitioners before this Court in W.P.(C) No.6557 of 2024 and batch. 6.1. During pendency of those Writ Petitions order dated 21.08.2023, when was recalled by the Opp. Party-Contemnor vide order dated 04.04.2024, those Writ Petitions were disposed of as having become infructuous vide order dated 05.04.2024. 6.2. In view of the nature of order passed by this Court on 05.04.2024, the Petitioner herein should have filed the Contempt Petition within the prescribed time period in terms of the provisions contained under Section 20 of the Act. Since admittedly, the present Contempt Petition has been filed beyond the prescribed period of limitation and there is no such provision to condone the delay in filing such Contempt Petition, it is the considered view of this Court that the Contempt Petition is not maintainable. Page 3 of 3. 6.3. It is open for the Petitioner to file appropriate application as provided under Chapter 28 of the Orissa High Court Rules for implementation of the order dated 10.07.2023. 7. With the aforesaid liberty, the Contempt Petition stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Jyoti