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2025 DAILYLAW 76232 (ORI)

KAILASH CHANDRA LENKA v. ANU GARG, IAS

CONTC/6990/2024 · 2025-11-28

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.6990 of 2024 Kailash Chandra Lenka ..... Petitioner Represented By Adv. - Prafulla Kumar Mohapatra , S.ch.sahoo -versus- Anu Garg, IAS and others ..... Opposite Parties/ contemnors Represented By Adv. – Mr. U.C. Jena. ASC CORAM: MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 28.11.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the Opposite Parties-Contemnors. 3. Alleging non-compliance of order dated 28.06.2023 passed in W.P.(C) No.19352 of 2023, the Petitioner has approached this Court by filing the present contempt application. 4. Learned counsel for the Petitioner at the outset contended that the dispute involved in the present writ application has already attained finality in view of the judgment of the Hon’ble Supreme Court in State of Odisha vs. G.Balkrishna in SLP(C) No.26333 of 2024. Therefore, the Opposite Parties should have implemented the order. Keeping in view the aforesaid judgment of Page 2 of 2. the Hon’ble Supreme Court. 5. Learned counsel for the Opposite Parties-Contemnors on the other hand produced a copy of order dated 04.05.2024 passed by the Opposite Party-Contemnor pursuant to the order passed by this Court in WPC No.19352 of 2023. On perusal of the aforesaid order it appears that the representation of the petitioner was considered and on the prayer of the learned counsel for the Petitioner made therein has already been rejected. However, it appears that such rejection is not in terms of the judgment of the Hon’ble Supreme Court in G.Balkrishna’s Case (supra). 6. In view of the aforesaid position, this Court is of the view that the compliance vide order dated 04.05.2024 is not in terms of the judgment of the Hon’ble Supreme Court as well as the order passed by this Court. On the request of the learned counsel for the State, he is granted further eight weeks’ time to re-consider the case of the Petitioner in terms of the judgment of the Hon’ble Supreme Court in G.Balkrishna’s case (supra) as well as the order passed in the writ petition within a period of eight weeks by passing a speaking reasoned order. 7. With the aforesaid observation, the contempt proceeding is dropped. ( A.K. Mohapatra ) Judge Sisir Designation: Personal Assistant