Orissa High Court
Bijendra Nath Das & Others vs State Of Odisha & Others on 25 August, 2025
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
J UDGMENT
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
Location: High Court of Orissa, Cuttack, India.
