IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.699 of 2026 Swarnalata Dei …. Petitioner Mr. B. Routray, Sr. Adv. along with Mr. J. Biswal, Adv and Mr. T.K. Pattnayak, Adv. -versus- Dr. N. Thirumala Naik, IAS & Another …. Opp. Parties Mr. C.K. Pradhan, AGA COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 24.04.2026 1. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. Pursuant to order dt.16.04.2026, learned Addl. Govt. Advocate on instruction contended that the Government is contemplating to file a Writ Appeal against order dt.10.09.2025. It is accordingly contended that since the State is contemplating to file a Writ Appeal, order passed by this Court on 10.09.2025 cannot be implemented. 4. Mr. B. Routray, learned Sr. Counsel appearing for the Petitioner placing reliance on the decision of the Apex Court in the case of Israr Ahmad Khan Vs. Amarnath Prasad & Others, Contempt Petition (Civil) No.5 of 2026 decided on 24.02.2026 contended that since no such Writ Appeal has yet been filed, on the ground that a Writ Appeal will be filed, the order cannot be remained unimplemented, taking into account the fact that Petitioner is retiring on 30.04.2026. Hon’ble Apex Court in the case of Israr Ahmad Khan Vs. Amarnath Prasad & Others, Contempt Petition (Civil) No.5 of 2026, disposed of on 24.02.2026 in para- 26,27,28,29 & 30 has held as follows: 26. As pointed put in Subedar Devassy PV (supra), if an alleged contemnor is of the view that the Order apropos which contempt is alleged is, inter alia, impracticable or impossible, it will have to take recourse to appropriate proceedings. We may add that a defence of administrative hurdles or even impossibility to perform what has been ordered, may not be open to an alleged contemnor, if he/she has not moved the appropriate Court by recourse to appropriate proceedings in time, promptly and within the prescribed period of limitation, subject to condonation, if and as applicable, on sufficient cause being shown. 27. Delayed filing of appeals should be the exception, but in recent times, the exception has practically evolved to become the rule. Orders passed by the Courts are not complied with for a long time, and when Contempt Petitions are filed, belated appeals, with tremendous delay, are preferred. 28. The (alleged) continuing contumacious conduct of the defaulting party is sought to be justified on the mere production of a Diary/Filing/Stamp Reporting Number showing that an appeal has been preferred, so as to obtain multiple adjournments in contempt matters. 29 We, in no uncertain terms, deprecate these practices. It is felt that by such modus operandi, disobedient litigants act brazenly which has the further effect of bringing down the authority and majesty of the Courts and the rule of law, interfering in the administration of justice. The same may well, in certain situations border on criminal contempt. 30. The High Courts should deal with such unscrupulous litigants, more so when they happen to be 'State', within the meaning of Article 12 of the Constitution, or like bodies, with an iron hand. Unless the High Courts, so also this Court deal with these aspects firmly, we run the clear risk of erosion of the unflinching faith that the ordinary litigants of this Country repose in the Judiciary at all levels. It is the solemn duty of all of us manning the Courts across the hierarchy to ensure that the public faith never wavers. 5. Having heard learned counsel appearing for the parties and considering the submission made and taking into account the fact that no such Writ Appeal has yet been filed and Petitioner is going to retire on attaining the age of superannuation on 30.04.2026, this Court placing reliance on the decision in the case of Israr Ahmad Khan so cited supra directs the Opp. Parties-Contemnors to comply with the order dt.10.09.2025 prior to retirement of the Petitioner otherwise Suo Contempt Proceeding will be initiated against both the Opp. Parties. 6. The Contempt Petition accordingly stands disposed of. Free copy of this order be provided to Mr. C.K. Pradhan, learned Addl. Govt. Advocate for compliance. (Biraja Prasanna Satapathy) Judge sangita