JUDGMENT :

Biswanath Rath, J.

This is a Civil Miscellaneous Petition filed under Article 227 of the Constitution of India assailing the impugned order dated 10.2.2016 passed by the Registrar (Judicial) of this Court exercising his power under Chapter XXVII of the Rules of the High Court of Orissa, 1948 in the Execution Proceeding No.2/2015, vide under Annexure-8.

2. The Civil Miscellaneous Petition being entertained, notice was issued to the opposite parties keeping the question of maintainability of the Civil Revision open to be taken up in the final disposal of the Civil Miscellaneous Petition. On their appearance, the opposite parties at the threshold of the matter pressed for deciding the question of maintainability of the Civil Miscellaneous Petition ahead of the decision on other issues involved.

3. Sri B.N.Bhuyan, learned Additional Government Advocate appearing for the petitioner-State, referring to the orders involving the present dispute, i.e., one passed by the High Court of Orissa dated 21.5.2009 in disposal of O.J.C.No.11342/2000 and the subsequent order being passed by the Hon’ble apex Court dated 9.1.2013 in disposal of S.L.P.(C) No.32998 of 2009, submitted that there involves two different orders and looking to the prayer made in the Execution Proceeding submitted that there remains no doubt that the Execution Proceeding confined to the direction of the Hon’ble apex Court dated 9.1.2013 in the S.L.P.(C) No.32998 of 2009 and in this view of the matter, strenuously urged that no Execution Proceeding was lying to the Registrar of the High Court following the Chapter XXVIII of High Court of Orissa Rules, 1948 instead an Execution Proceeding following Order 45 Rule 15 was lying and accordingly submitted that the Execution Proceeding so initiated cannot be deemed to be a proceeding under Chapter XXVIII of Rules of the High Court of Orissa. Under the circumstance and as the Registrar here being subordinate to the High Court exercised power not vested in him, his orders can be assailed by way of Civil Miscellaneous Petition under Article 227 of Constitution of India for scrutiny of the High Court in its Civil Miscellaneous Petition jurisdiction side.

Assailing the impugned order, Sri B.N.Bhuyan, learned Additional Government appearing for the petitioner, going away from the grounds of challenge in the Revision made legal submission challenging the initiation of the execution proceeding itself and contended that looking to the prayer made in the Execution Petition No.2/2015, it appears, the execution proceeding was initiated under the provision of Chapter XXVIII Rule-1 of the Rules, 1948 read with Order XXI Rule-11(2) of the Code of Civil Procedure, 1908 for execution of the order of the Hon’ble apex Court dated 9.1.2013 passed in S.L.P.(C) No.32998 of 2009. For the provision contained in Chapter XXVIII Rule-1 of the Rules, 1948 and the provision contained in Order 45 Rule 15 of Civil Procedure Code. Sri Bhuyan, learned Additional Government for the petitioner contended that since the Execution Proceeding involved the execution of the order of the Hon’ble apex Court dated 9.1.2013 in S.L.P.(C) No.32998 of 2009, it should have been initiated following the provision contained in Order 45 Rule 15 of C.P.C. to the court from which the appeal to the apex Court was preferred and following the provision under Order 45 Rule 15(2), such court receiving the execution proceeding was required to transmit the decree or order of the Hon’ble apex Court to the court, which passed the first decree, appeal from all such decree or order would direct for execution of the same. Finally, Sri B.N.Bhuyan, learned Additional Government Advocate, urged that the Registrar of the High Court was taking up the Execution Proceeding without competency, here was functioning as a court subordinate to the High Court and under the circumstance, the present Revision is maintainable and hence requested this Court for interfering with the impugned order and set a