Early Life and Advocacy1
Justice Sanjaya K. Mishra was born on 29-12-1961, at Bolangir, Odisha to Markanda Mishra and Jyotirmayee Mishra. He started his schooling at Tikra Upper Primary School and passed 12th from Prithviraj High School, Bolangir in 1977. His qualifications comprise of — B.Com.(Hons.) from Rajendra College, Bolangir, M.Com. from Delhi University and LL.B. from Law Faculty, Delhi University.
In 1988, Justice Mishra started his practice under the guidance of his father, Markanda Mishra at Bolangir District Courts and later conducted cases independently. He also served as Honorary Law Lecturer of Bolangir Law College.
Judgeship
Justice Mishra joined Judiciary by passing Recruitment Examination for District Judges from Bar and, on 16-02-1999, joined as Additional District & Sessions Judge, Jeypore.
*Did you Know? Justice Mishra secured 1st position in the Recruitment Examination for District Judges from Bar.2
Justice Mishra worked as District & Sessions Judge, Sundergarh and as District & Sessions Judge, Dhenkanal. He also worked as a Special Judge, C.B.I, Bhubaneswar for the cases investigated by CBI. He also joined as Registrar General of Orissa High Court.
On 07-10-2009, Justice Mishra was elevated as Judge of the Orissa High Court and served in this capacity for nearly 12 years before being transferred to Uttaranchal High Court by Supreme Court Collegium.3
Justice Mishra was the second senior most judge at Uttaranchal High Court and upon the retirement of Justice Raghvendra Singh Chauhan, the then Chief Justice of Uttaranchal High Court, he was appointed as Acting Chief Justice of Uttaranchal High Court with effect from 24-12-2021 till 28-06-2022.
Justice Mishra was appointed as the Chief Justice of the Jharkhand High Court by the President of India thus becoming the 14th Chief Justice of the High Court.
Justice Sanjaya Kumar Mishra was sworn-in as the Jharkhand High Court’s 14th Chief Justice on 20-02-2023. At his swearing-in ceremony, Justice Mishra said that “My priority will be simple justice, transparent justice (…) Old cases will be given priority.”
While welcoming Justice Mishra, Chief Minister of Jharkhand, Hemant Soren said that “In a backward state like Jharkhand where there are many legal issues, I am confident that Justice Mishra will solve these issues in a better manner”.4
Notable Decisions by Justice Sanjaya Kumar Mishra
Jharkhand High Court directs State to provide disabled friendly infrastructure in Courts, Judicial or Quasi-Judicial Forums.
In a Public Interest Litigation (‘PIL’) seeking issuance of writ of mandamus directing authorities to provide at least two wheelchairs in every Court, Judicial or Quasi-Judicial Forums in the State along with appropriate infrastructure for differently abled persons in accordance with the provisions of Section 12 and 45 of Rights of Persons with Disabilities Act, 2016, the Division Bench of Sanjaya Kumar Mishra, C.J.* and Rajesh Shankar, J. directed the State authorities to provide aforesaid facilities within 6 months.
[People’s Union for Civil Liberty, Ranchi v. State of Jharkhand, 2023 SCC OnLine Jhar 1525]
Jharkhand High Court directs State Govt to upload all previous orders of internet suspension on the official website within 48 hours
In a petition for Public Interest Litigation (‘PIL’) challenging the action of State authorities suspending internet services in Jharkhand seeking directions and production of proceedings leading to such decision, the Division Bench of Sanjaya Kumar Mishra, C.J. and Ananda Sen, J. directed the State to follow Supreme Court’s directions in Anuradha Bhasin v. Union of India, (2020) 3 SCC 637 and Media Professionals v. State (UT OF J&K), (2020) 5 SCC 746, and upload all previous orders regarding suspension of internet services in the State within 48 hours on the State Government website.
[Software Freedom Law Center v. State of Jharkhand, 2023 SCC OnLine Jhar 1403]
“Labour Cess not leviable on supply of materials for contract distinct from civil works”: Jharkhand High Court
In an appeal by State challenging order passed by the Single Judge Bench on 13-06-2022 holding that Labour Cess was not leviable on supply of materials and consultancy charges for a contract, which were distinct from contracts of civil works, with the argument that the Single Judge Bench could not have entertained the petition under Article 226 of Constitution while there was an alternative remedy available under Section 11 of the Building and Other Construction Workers Welfare Cess Act, 1996 (‘Cess Act’) read with Section 14 of the Building and Other Construction Workers Welfare Cess Rules, 1998, the Division Bench of Sanjaya Kumar Mishra, CJ and Ananda Sen, J.* concurred with the Single Judge’s findings regarding existence of two separate contracts and dismissed the instant petition.
[State of Jharkhand v. Flowmore Limited, 2023 SCC OnLine Jhar 1197.]
“We hope and trust that free dialysis service shall not discontinue even for a day in future”: Jharkhand High Court
While considering the instant PIL prayed for issuance of writ of mandamus directing the concerned respondents to forthwith start free dialysis in 16 districts of Jharkhand State which has been allegedly closed; the Division Bench of Sanjaya Kumar Mishra, C.J. and Ananda Sen, J., observed that the respondents had to close the free dialysis service only for a day due to technical glitches. The Bench however expressed their fervent hope that in future, this service should remain functional without any stoppage.
[Dilip Kumar Chakraverty v. State of Jharkhand, 2023 SCC OnLine Jhar 2388]
Jharkhand HC issues directions to construct proper bathing ghats and changing rooms for devotees visiting Chhinnamastike Temple
The Division Bench of Sanjaya Kumar Mishra, C.J. and Ananda Sen, J*., while considering a PIL highlighting the lack of proper bathing ghats and changing for devotees visiting Chhinnamastike Temple, issued following directions to the Department of Tourism, Government of Jharkhand and the District Administration, Ramgarh-
(i) To construct adequate number of permanent proper bathing ghats on both the sides of river Bhairavi;
(ii) Approach road from each of the ghats to the temple should be free from all encroachments and obstructions;
(iii) To construct adequate number of changing rooms near the ghats at appropriate places. Ghats and changing rooms should be properly maintained giving special emphasis to cleanliness and hygiene;
(iv) Both the banks of river Bhairavi should be provided with proper lighting facility;
(v) Toilets and washrooms in the queue complex should be maintained by the respondents;
(vi) Deputy Commissioner, Ramgarh will constitute a team of responsible officers, who will inspect the temple area to find out whether there are sufficient numbers of waiting halls and sufficient number of toilets for all genders. If it is felt that the toilets and washrooms are not adequate, appropriate area should be identified for construction of toilets and washrooms for all genders, but the said toilets should not disturb in any way the temple nor should come in the way of beautification of the temple;
(vii) The respondents also should provide adequate drinking water facility at regular intervals for the pilgrims;
(viii) First-aid medical facility should be made available round the clock near the temple area and during the festive season, mobile outlets should be made available, which should be placed at the river front on both the banks of river Bhairavi;
(ix) To widen the river banks and remove the hindrances, encroachment and obstructions to reach the temple from the Ghats or any other appropriate approach roads and if makeshift shops needs to be removed, they should be removed and the persons displaced should be relocated at proper places;
(x) To take such other or further steps as is conducive to beautify the temple complex and its surroundings including the river front/bank.
[Sanjeev Kumar Singh v. State of Jharkhand, 2023 SCC OnLine Jhar 2010]
‘Social stigma for the victim and unborn child would be insurmountable’; Uttaranchal HC allows a 13-year-old victim to terminate pregnancy of over 25 weeks
A Single Judge Bench of Sanjaya Kumar Mishra, J. allowed a 13-year-old rape victim to undergo termination of over 25 weeks of pregnancy and held that if any risk or danger to the life of the victim girl was found during the medical procedure, then the Medical Board had a discretion to cancel the procedure for medical termination of pregnancy.
[X v. State of Uttarakhand, 2022 SCC OnLine Utt 1584]
“Participation in the elections of college union is an integral part of the education”; Uttaranchal HC grants age relaxation of two years to the student for participating in the college election
A Single Judge Bench of Sanjaya Kumar Mishra, J. allowed the writ petition filed by a college student and held that participation in college elections was an integral part of the education and since the right to college election was denied to the student, two years age relaxation should be granted to the student for participating in the elections of college.
[Rajan v. State of Uttarakhand, 2022 SCC OnLine Utt 1621]
Commercial Court cannot modify arbitral award in absence of manifest and patent error/illegality: Uttaranchal High Court
The Division Bench of Sanjaya Kumar Mishra and Ramesh Chandra Khulbe, JJ. allowed appeals filed by the Contractor under S. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter “the Act”) and held that judgments passed by the Additional. District Judge, Commercial Court, Dehradun are liable to be set aside as it committed an error by partly upholding the award of the Arbitral Tribunal disallowing the three claims of the Contractor.
[Ravindra Kumar Gupta v. Union of India, 2022 SCC OnLine Utt 1279]
Whether writ petition on cancellation of GST Registration affecting the Right to Livelihood maintainable? Uttaranchal High Court answers
The Division bench of Sanjaya Kumar Mishra, A.C.J., Ramesh Chandra Khulbe, J., held in the writ petition is maintainable, as the cancellation of GST registration affects the rights of livelihood enshrined under Art. 21 of the Constitution of India.
The Court observed that in absence of a GST registration number, a professional cannot raise a bill which affects the chances of getting employment or executing works. Such denial of registration, therefore, affects the right of livelihood that is violative of Art. 21 of the Constitution. If the situation so prevailing continues, then it will not only amount to a violation of Article 21 but also the right to life of a citizen of this country.
[Vinod Kumar v. Commr., 2022 SCC OnLine Utt 777]
Uttaranchal HC directs State to take steps to frame and notify Rules for Registration of Sikh Marriages
The Division Bench of Sanjaya Kumar Mishra, ACJ. and Ramesh Chandra Khulbe, J. took up a PIL filed by the petitioner commanding the respondent State to notify the Rules under Anand Marriage Act, 1909 and to issue guidelines to register the marriage of people of Sikh Community under the Anand Marriage Act, 1909.
[Amanjot Singh Chadha v. State of Uttarakhand, 2022 SCC OnLine Utt 228]
Uttaranchal HC directs Public Service Commission to declare result of candidate who submitted late fees
The Division Bench of Sanjaya Kumar Mishra, ACJ. and Ramesh Chandra Khulbe, J. allowed a petition which was filed by an aspirant seeking a direction to respondents to allow the petitioner to appear for the mains examination of the Assistant Conservator of Forest.
Writ petition was allowed with the direction that the respondent-Commission shall declare the result of the recruitment process, as early as possible, treating the petitioner to be a qualified candidate to sit in the main examination, and proceed further with the same, and complete the same within a reasonable time.
[Vibhu v. Uttarakhand Public Service Commission, 2022 SCC OnLine Utt 1231]
Uttaranchal HC directs State to release the arrears of the deceased-in harness in the favour of the family along with interest
The Division Bench of Raghvendra Singh Chauhan, CJ. and Sanjaya Kumar Mishra, J., allowed a petition which was filed by the widowed wife of Babu Ram, who had died-in harness on 26-08-2020 for the release of gratuity, leave encashment, arrears of ACPs’, and the arrears of the 7th Pay Commission of her late husband in her favour.
[Alka Rani v. State of Uttarakhand, 2021 SCC OnLine Utt 1269]
Several months/year’s delay due to considerable degree of procedural red tape in the process; No reason to condone delay: Orissa High Court
In a case related to condonation of delay, Sanjaya Kumar Mishra, J., relying on Office of the Chief Post Master General v. Living Media India Ltd., (2012) 3 SCC 563, dismissed the appeal filed with delay of 2492 days (about 7 years).
[Zone Officer v. Surendra Kandia, 2022 SCC OnLine Ori 2726]
Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 is not arbitrary, unreasonable or onerous: Orissa High Court
While dismissing the writ petition filed to declare the proviso S. 43(5) of the Real Estate (Regulation and Development) Act, 2016 to be ultra vires of the Constitution of India, the Division bench of S.K. Mishra and Savitri Ratho, JJ., held that “Sub-Section (5) of Section 43 of the Real Estate (Regulation and Development) Act, 2016 is not arbitrary, unreasonable or onerous requiring the same to be declared ultra vires.”
[Hi Tech Edifice (P) Ltd. v. Union of India, 2021 SCC OnLine Ori 1633]
What is the reasonable time of approaching the Court, when no period of limitation has been prescribed? Orissa HC answers
While resolving the matter related to conflict of opinion regarding delay in filing the application under S. 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, the Division bench of S.K. Mishra and Savitri Ratho, JJ., held that a reasonable time in approaching the Court is a question of fact and will depend on peculiar facts of each and every case. The Bench opined that no strait jacket formula can be provided in case no period of limitation has been prescribed.
[Siba Muduli v. Director, 2021 SCC OnLine Ori 1632]
Death Sentence in cases based on circumstantial evidence, can only be awarded when prosecution establishes the guilt of the offender with sterling evidence: Orissa HC
While following the principles laid down by the Supreme Court in Swami Shraddananda v. State of Karnataka, (2008) 13 SCC 767, the Division bench of S.K. Mishra and Savitri Ratho, JJ., held that commission of very gruesome offence of rape of a minor girl that led to her death is not a fit case to award death sentence, only because of the laches of the Investigating Agency in not getting the DNA profiling carried out. The Court sentenced the convict to undergo imprisonment for life with a stipulation that for next 20 years without any parole.
“In the cases based on circumstantial evidence, death sentence should be awarded only in case the prosecution has established its case by the evidence of such sterling quality that the Court is absolutely clear about his guilt.”
[State of Odisha v. Sunil Nayak, 2021 SCC OnLine Ori 1629]
1. Judge | Orissa High Court, Cuttack
2. Hon’ble The Chief Justice Sanjaya Kumar Mishra | High Court of Jharkhand, India (jharkhandhighcourt.nic.in)
3. Supra
4. Justice Sanjaya Kumar Mishra sworn in as new Jharkhand chief justice (deccanherald.com)
