ORDER 1. Perused the petition and heard the Petitioner at length. 2. This petition is filed for initiating proceedings under Contempt of Courts Act against Hon'ble Mr. Justice K.P. Mohapatra. 3. The scope of the present Misc. Case is confined to the consideration of the question whether a proceeding under the Contempt of Courts Act can be initiated against a Judge for not having referred to the decisions cited by a party. 4. When members of the Bar who are not seasoned lawyers and when persons who do not belong to the legal profession argue before this Court, a great deal of latitude and indulgence is shown to them. Sometimes some of them would be citing a large number of decisions, both relevant and irrelevant. Sometimes even when relevant, they may deal with well-settled and undisputed propositions of law. So merely because a decision is permitted to be cited, it does not necessarily follow that the same must be referred to by the Judge if his judgment. What decisions are to be referred to at the time of writing the judgment is entirely within the choice of the Judge. 5. The Petitioner in support of his petition cited the decision Shri Baradakanta Mishra Ex-Commissioner of Endowments Vs. Shri Bhimsen Dixit. That is a case where a senior Judicial Officer of Orissa with an experience of 25 years refused to be bound by a decided case of the Orissa High Court on the ground that he had moved the Supreme Court against that High Court decision and as such, the matter was subjudice, while in fact only a petition was pending in the High Court for certificate to appeal to Supreme Court. In the facts of the case, it was found that the Judicial Officer was deliberately avoiding to follow the decision by giving wrong and, illegitimate reasons and his conduct was held to be clearly mala fide and amounted to disobedience and disregard of the Court by acting in opposition to the authority. The said decision is not relevant in the present context for the reason that there is nothing in the said decision which would suggest that when a Judicial Officer does not refer to the decision cited before him in his judgment, he would be guilty of contempt. 6. The said decision is not relevant in the present context for the reason that there is nothing in the said decision which would suggest that when a Judicial Officer does not refer to the decision cited before him in his judgment, he would be guilty of contempt. 6. The proposition that every decision cited, every document field and every argument advanced must be referred to in the judgment, if accepted, would mean that a licence should be given for raising speed breakers on the path way of early disposal of cases, in spite of all round clamour for speedy disposal. If a Judge does not refer to a judgment cited by a party, the presumption is that the Judge has not considered the decision to be necessary for coming to a just decision in the case. In case a party feels that a decision cited by him, but not referred to by the Judge would tilt the balance in his favour and he feels aggrieved by it, it is open to him to have his grievance redressed by preferring an appeal to the superior Court. When a Judge does not refer to a decision cited by a party in his judgment, by no stretch of imagination can it be said that he would be guilty of contempt of Court. 7. The Petitioner has filed several affidavits in several proceedings mentioning the decisions cited by him. The common grievance in all the said proceeding referred to by him in the petition is that the decisions cited by him were not referred to by the Judge. But then, in view of our earlier discussion, we find that the contention of the Petitioner that Hon'ble Mr. Justice, K.P. Mohapatra has committed contempt of Court by writing his judgments in the various matters referred to by him in the petition, in the manner he did, without referring to the decisions cited by him is neither valid nor tenable. 8. In the result, we find that the petition is without any merit and the same is, therefore, dismissed without being admitted. Final Result : Dismissed