Sarmistha Sivapriya Choudhury vs Satyabrata Sahoo & Ors

Biswanath Rath, J

I.A.NO.305 OF 2021

By filing the I.A. in this disposed of Contempt Petition, Mr.B.Mohanty, learned counsel for the O.Ps. draws attention of this Court that the

contempt involved violation of the order of the Tribunal passed in O.A. No.3856(C) of 2015 involving W.P.(C) No.3825 of 2019 disposed of on

21.8.2019. Being aggrieved by the disposal of the Original Application as well as the Writ Petition, Sri Mohanty submitted that the State Authority

after two years has filed a litigation before the Hon’ble Supreme Court, vide SLP(C) Diary No.5371 of 2021 and further disclosed that the case is

posted to 1.10.2021.

This Court from Annexure-A to the I.A. involved finds, the aforesaid dispute was taken up by the Hon’ble Supreme Court on 12.3.2021 and

while adjourning the matter, the apex Court directed the matter to be listed after four weeks. Through Annexure-B, Sri Mohanty has obtained the date

likely to be posted, which shows the case is likely to be posted on 1.10.2021. It is in the circumstance of moving the SLP to the Hon’ble Supreme

Court, an attempt is made to stay the disposal direction involving the Contempt Petition and the order sought to be implemented to provide opportunity

to the Department to have their chance in the Hon’ble Supreme Court.

Sri L.K.Mohanty, learned counsel for the Petitioner in his opposition to the I.A. disputed the attempt of the learned counsel for the O.Ps. on two

counts. Firstly, even though there has been attempt of the State Authority to the Hon’ble Supreme Court, the Petitioner has neither any such

information nor any notice has been served on the Petitioner as of now. Further on the premises that similarly situated SLPs. having been dismissed, a

contention is also raised by the learned counsel for the Petitioner that there cannot be a different order by the Hon’ble apex Court involving the

case pending herein. Sri Mohanty, therefore, contended that there may not be any impediment in working out the direction in the Contempt Petition.

Considering the rival contentions of the Parties, this Court since finds, the State has already in its attempt in SLP(C) Dairy No. 5371 of 2021 and for

the Annexure-B indicating there is likelihood of posting of the case in the Hon’ble Supreme Court on 1.10.2021, in the interest of justice and

providing an opportunity to the O.Ps. to have their case before the Hon’ble apex Court, this Court feels it appropriate to keep in abeyance the

order dated 30.7.2021 passed in the present Contempt Petition and the implementation of the order involved till at least 7th October, 2021. It is made

clear that for the State approaching the Hon’ble apex Court after two years of the order and in the event, the State is not in a position to obtain

stay of the order sought to be implemented by 7th October, 2021, there may not be any impediment in implementing the direction in the present

Contempt Petition, which will however be without prejudice to the rights and contentions of the State Department pending in the SLP(C) Dairy No.

5371 of 2021. It is made clear that no further application with same purpose shall be entertained hereafter.

Issue urgent certified copy.

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