Extracted from the PDF above. The PDF is authoritative.
WP(C) No.30576 of 2025 ORISSA HIGH COURT : CUTTACK WP(C) No.30576 of 2025 An application under Articles 226 & 227 of the Constitution of India.
*** Surath Dhal
… Petitioner. -VERSUS-
Collector, Puri & Others
… Opposite Parties.
Counsel appeared for the parties: For the Petitioner : Mr. J.K. Khuntia, Advocate
For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.
(For the State)
P R E S E N T: HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA
WP(C) No.30576 of 2025
Date of Hearing : 11.11.2025 :: Date of Judgment : 11.11.2025
JUDGMENT ANANDA CHANDRA BEHERA, J.—
1. This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Tahasildar, Pipili (Opp. Party No.3) to carry out (implement) the order dated 15.10.2024 passed in Mutation Appeal Nos.96 to 100 of 2024 by the Sub-Collector, Puri. 2. Heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State. 3. The law relating to the scope of interference of the High Court in the matter of non-implementation of the directions of the superior officers of the Government to their sub-ordinate officers has already been clarified in the ratio of the following decision of the Apex Court. In a case between Jayamma & Others Vrs. Deputy Commissioner, Hassan, Dist., Hassan & Others (Para No.10) reported in III (2013) CLT 94 (SC) that, if a subordinate authority in
WP(C) No.30576 of 2025 the Government does not act in terms of the directions or instructions issued by the superior officers, it is not for the High Court to compel that subordinate authority to comply with the instructions or directions issued by the superior authority of the Government. Because, High Court is not the executing forum of instruction issued by the higher authorities of the Government. It is the duty of the superior officer of the Government (who had directed to the sub-ordinate officer) to see that, his order is properly implemented, but not the High Court to implement such direction. 4. So, by applying the propositions of law enunciated in the ratio of the above decision of the Apex Court to this matter at hand, it is felt proper to dispose of this writ petition finally giving liberty to the petitioner to approach the Sub-Collector, Puri (Opp. Party No.2) by filing an application annexing the certified copy of this Judgment praying for implementation of the order dated 15.10.2024 passed in Mutation Appeal Nos.96 to 100 of 2024 and if after filing of such application before the Sub-Collector, Puri (Opp. Party No.2) for implementation of its order i.e. the direction which was issued by the Sub-Collector, Puri (Opp. Party No.2) in Mutation Appeal Nos.96 to 100 of 2024 to the Tahasildar, Pipili (Opp. Party No.3), the Sub-
WP(C) No.30576 of 2025 Collector, Puri (Opp.
Party No.2) shall dispose of the same within 7 days and in case of non-response to the same, then, the petitioner can approach this Court seeking appropriate relief for the same. 5. As such, this writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE High Court of Orissa, Cuttack The 11 .11. 2025// Rati Ranjan Nayak Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.