Orissa High Court
Kailash Barik vs State Of Odisha And Others .... Opposite ... on 11 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24608 of 2025
(An application under Article 226 and 227 of the Constitution of India, 1950)
Kailash Barik .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. B. Mohapatra,
Advocate.
For Opposite Parties- Mr. G. Mohanty,
Sanding Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :11.09.2025 :: Date of Judgment :11.09.2025 A.C. Behera, J. This writ petition has been filed by the petitioner praying for directing the Tahasildar, Simulia (O.P. No.4) for implementation of the order dated 24.12.2024 passed in Mutation Appeal No.41 of 2009 by the Sub-Collector, Balasore.
2. Heard from the learned counsel for the petitioner and learned SC for the State.
3. 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, "if Subordinate Authority of the Government does not act in terms of the directions or instructions issued by superior authority, then in such a situation, it is not for the High Court to compel the Subordinate Authority of the Government to Page 1 of 2 comply the instructions or directions issued by the Superior Authority. Because, High Court is not the executing forum of instructions issued by the Superior Authority of the Government to its Subordinate Officer. So, as per law, it is the duty of the Superior Authority of the Government (who passed the order) to see the implementation of his/her own order properly."
4. So, by applying such principles 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 filed by the petitioner finally directing the petitioner to file an application before the Sub-Collector, Balasore praying for implementation of its final order dated 24.12.2024 passed in Mutation Appeal No.41 of 2009 and in case of non-response to the same by the Sub-Collector, Balasore, the petitioner is at liberty to approach this Court again seeking appropriate relief for the same.
5. As such, this writ petition filed by the petitioner is disposed of finally.
6. Registry is directed to transmit the copy of this judgment immediately to the opposite party Nos.3 & 4.
(A.C. Behera), Judge.
Orissa High Court, Cuttack.
11.09.2025//Utkalika Nayak// Junior Stenographer Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Sep-2025 19:49:16 Page 2 of 2