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2025 DAILYLAW 34809 (ORI)

GIRISH MAHATTAM v. STATE OF ODISHA

WP(C)/13618/2025 · 2025-05-14

Ananda Chandra Behera

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13618 of 2025 1) Girish Mahattam ..... Petitioners 2) Sourav Mahattam Represented By Adv. - Pabitra Kumar Nayak -versus- 1) State Of Odisha ..... Opposite Parties 2) Addl. Commisnr.,settlement And Consolidation,sambalpur 3) The Tahasildar,sambalpur Represented By Adv. – S. Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA ORDER 14.05.2025 Order No. 01. 1. This matter is taken up through hybrid mode. 2. Heard from the learned counsels of both the sides. 3. This writ petition has been filed by the petitioner praying for directing the Tahasildar, Sambalpur (O.P. No.3) to implement the order dated 13.11.2024 passed by the Addl. Commissioner, Settlement & Consolidation in R.P. Case No.60 of 2024. 4. On this aspect the propositions of law has already been settled by the Apex Court in a decision between Jayamma & Ors. Vrs. Deputy Commissioner, Hassan Dist., Hassan & Ors. reported in III (2013) CLT 94 (SC) that, Page 2 of 2. “if subordinate authority in Government does not act in terms of direction or instruction issued by superior authority, it is not for Court to compel that subordinate authority to comply with instruction or direction issued by superior authority, if it is not governed by statutory procedure. Court is not Executing Forum of instruction issued by Government to its subordinates.” 5. So, by applying such principles of law, it is felt proper to dispose of the writ petition filed by the petitioner giving liberty to the petitioner to approach the Authority, who had passed such order for its execution/implementation. 6. Accordingly, the writ petition filed by the petitioner is disposed of finally. 7. Registry is directed to transmit the copy of this order to the opposite party Nos.2 & 3 immediately. 8. Urgent certified copy of this order be granted to the petitioner on proper application. (ANANDA CHANDRA BEHERA) Judge Utkalika NAYAK Orissa, Cuttack 16:37:53 Signature Not Verified