CUTTACK, India, May 26 -- Orissa High Court issued the following order on April 24:

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 para26,27,28,29 & 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.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xwka5LmLsK3PUAOmpO4zzwJigdUXhm3Ib%2Bh3pwg5Vigx&caseno=WP(C)/699/2026&cCode=1&cino=ODHC010937842025&state_code=11&appFlag=)

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