ORISSA HIGH COURT : CUTTACK

WP(C) No.22667 of 2025

An application under Articles 226 & 227 of the Constitution of

India. ***

Bijendra Nath Das & Others

… Petitioners.

-VERSUS-

State of Odisha & Others

… Opposite Parties

Counsel appeared for the parties:

For the Petitioner : Mr. P.K. Saatapathy, Advocate

For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.

P R E S E N T: HONOURABLE

MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 25.08.2025 :: Date of Judgment : 25.08.2025

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 petitioners praying for directing the Tahasildar, Sundargarh (Sadar) (O.P. No.5) to carry out (implementation) of the final order dated 01.02.2012 passed in Settlement Revision No.433 of 2011 by the Addl. Commissioner Settlement and Consolidation, Sambalpur (Opp. Party No.2).

2. Heard from the learned counsel for the petitioners and the learned Standing Counsel for the Opp. Parties

3. The law has already been settled by the Apex Court in the ratio of the decision reported in 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 the Government does not act in terms of the direction or instruction issued by the superior authority, it is not for the High Court to compel that subordinate authority to comply with the instruction or direction issued by the higher authority of the Government. Because, High Court is not the executing forum of instruction issued by the Government Authorities. It is the duty of the authority of the Government, who passed the order to see that, its order is properly implemented.”

4. So, in view of such principles of law, liberty is granted to the petitioners to file an application before the Addl. Commissioner Settlement and Consolidation, Sambalpur (Opp. Party No.2) praying for implementation of the final order dated 01.02.2012 passed by the Addl. Commissioner Settlement and Consolidation, Sambalpur (Opp. Party No.2) annexing the certified copy of this Judgment and if after filing of such an application before the Addl. Commissioner Settlement and Consolidation, Sambalpur (Opp. Party No.2), no response is made to the same by the Addl. Commissioner Settlement and Consolidation, Sambalpur (Opp. Party No.2), then, the petitioner can approach the High Court seeking appropriate relief for the same.

5. On the basis of the aforesaid directions, this writ petition is to be disposed of finally.

6. Registry is directed to communicate this Judgment immediately to the Addl. Commissioner Settlement and Consolidation, Sambalpur (Opp. Party No.2) in reference to the disposed of Settlement Revision No.433 of 2011.

7. As such, this writ petition filed by the petitioners is disposed of finally.

(ANANDA CHANDRA BEHERA)

JUDGE High Court of Orissa, Cuttack The 25 .08. 2025// Rati Ranjan Nayak Sr. Stenographer Signature Not Verified Digitally Signed Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack, India.

Date: 26-Aug-2025 19:20:21