Mr. Narayan Sahoo vs Chief Administrator Of Sri
2025 Latest Caselaw 1292 Ori

Citation : 2025 Latest Caselaw 1292 Ori
Judgement Date : 16 July, 2025

Orissa High Court

Mr. Narayan Sahoo vs Chief Administrator Of Sri on 16 July, 2025

                                                       ORISSA HIGH COURT : CUTTACK

                                                          W.P.(C) No.8032 of 2025

                                    An application under Article 226 & 227 of the Constitution of
                                                             India 1950

                                                                       ***

Mr. Narayan Sahoo

... Petitioner.

-VERSUS-


                                          Chief Administrator of Sri

                                          Jagannat Mahaprabhu

                                          Marfat Mandira Parichalana

                                          Committee, Puri & Others
                                                           ...                              Opposite Parties.



                                  Counsel appeared for the parties:

                                  For the Petitioner             :     Mr. Trilochan Panigrahi, Adv.

                                  For the Opposite Parties       :     Mr. Gyanalok Mohanty, S.C.
                                                                       Mr. Sunshine Anand Swain,             Adv.
                                                                       (For the O.P. No.1)



                                  P R E S E N T:

Location: HIGH COURT OF ORISSA, CUTTACK

HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing: 16.07.2025 :: Date of Judgment : 16.07.2025

ANANDA CHANDRA BEHERA, J.--

1. This writ petition under Section 226 and 227 of the

Constitution of India has been filed by the Petitioner praying for

directing Tahasildar, Puri (Opposite Party No.4) for the

implementation of the direction given by the Commissioner

Consolidation, Odisha, Bhubaneswar (Opp. Party No.2) in its final

order dated 31.05.2016 (Annexure-1) passed in Settlement

Revision Petition No.20/2008 on dated 31.05.2016. Because, in

that order vide Annexure-1, the Commissioner Consolidation,

Odisha, Bhubaneswar (Opp. Party No.2) had directed Tahasildar,

Puri (Opp. Party No.4) to correct Hal Khata No.321.

2. On this aspect, the propositions of law has already settled by

the Apex Court in a decision 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 direction or instruction issued by the superior authority, it is not for the Court to compel that subordinate authority to comply with the instruction or direction issued by

Location: HIGH COURT OF ORISSA, CUTTACK

the superior authority, if it is not otherwise governed by a statutory procedure. Court is not the Executing Forum of the instruction issued by the Government to its subordinates. That jurisdiction lies elsewhere under the scheme of the Constitution. Therefore, on that count also, the writ petition was liable to be dismissed"

3 So, by applying the propositions of law enunciated in the

ratio of the aforesaid decision of the Apex Court, it is felt proper

to dispose of this writ petition finally directing the petitioner to

approach the Commissioner Consolidation, Odisha,

Bhubaneswar (Opposite Party No.2) annexing the certified copy of

this Judgment praying for directing the Tahasildar, Puri (Opp.

Party No.4) to implement its order dated 31.05.2016 (Annexure-1)

within a stipulated time making it clear that, in case of non-

taking up of any step by the Opp. Party No.2 in spite of the

application of the petitioner for the same, the Petitioner is at

liberty to approach this Court again by filing writ petition seeking

appropriate relief.