Rohit Roshan Mohanty vs State Of Odisha & Others
2025 Latest Caselaw 11274 Ori

Orissa High Court

Rohit Roshan Mohanty vs State Of Odisha & Others on 16 December, 2025

                 ORISSA HIGH COURT : CUTTACK

                     WP(C) No.35363 of 2025

An application under Articles 226 & 227 of the Constitution of
                            India.



                             ***

Rohit Roshan Mohanty ... Petitioner.

-VERSUS-

State of Odisha & Others ... Opposite Parties.

Counsel appeared for the parties:

For the Petitioner : Mr. P.K. Rath, Senior Advocate Along with Mr. S. Rath, Adv.

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

Date of Hearing : 16.12.2025 :: Date of Judgment : 16.12.2025

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 petitioner praying for directing the Tahasildar, Rasagobindapur (Opp. Party No.4) to carry out (implement) the order dated 03.04.2025 passed in Mutation Appeal Case No.24/2023 by the Sub-Collector, Baripada.

2. Heard from the learned Senior 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 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, Baripada (Opp. Party No.3) by filing an application annexing the certified copy of this Judgment praying for implementation of the order dated 03.04.2025 passed in Mutation Appeal Case No.24/2023 and in case of non-response to the same by the Opp. Party No.3, 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 16 .12. 2025// Rati Ranjan Nayak Sr. Stenographer