High CourtsDivision Bench(2024) 05 OHC CK 0038

SK. Anwar Ali vs Jajati Kishore Mohanty

Orissa High Court · Decided on 2 May 2024

HON’BLE JUDGES
Chakradhari Sharan Singh, CJ · M.S. Raman, J
RESULT
Disposed Of
CASE NUMBER
CONTC No.2818 Of 2024

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Judgment

7 paragraphs · 208 words
1.

This matter is taken up through Hybrid Mode.

2.

The petitioner, in the present contempt petition has alleged disobedience of an order dated 25.09.2023, whereby W.A. No.1354 of 2022 came to be disposed of in view of a common order passed on the same date in W.A. No.810 of 2021 and Batch.

3.

It is not in dispute that an SLP has been preferred by the State of Odisha against the said Division Bench judgment dated 25.09.2023 passed in W.A. No.810 of 2021 and batch (State of Odisha & others  Vrs. Bindusagar Samantray).

4.

Learned counsel appearing on behalf of the petitioner has submitted that no interim order has been passed by the Supreme Court on the appeal preferred by the State of Odisha, and therefore, disobedience of this Court’s order dated 25.09.2023 is deliberate.

5.

Be that as it may, since the contemnors have approached the Supreme Court against an order, violation of which has been alleged in the present contempt petition, we are of the view that no case of deliberate disobedience of the said order of the Court is made out.

6.

This contempt petition is, accordingly, disposed of with a liberty to the petitioner to approach this Court again at appropriate time...

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