Rabindra Behera & Others vs State Of Odisha & Others
2025 Latest Caselaw 1444 Ori

Orissa High Court

Rabindra Behera & Others vs State Of Odisha & Others on 18 July, 2025

            ORISSA HIGH COURT : CUTTACK

                     W.P.(C) No.14433 of 2025

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

                                  ***

Rabindra Behera & others

... Petitioners.

-VERSUS-

State of Odisha & Others ... Opposite Parties.

Counsel appeared for the parties:

For the Petitioner : Mr. A. Pattanaik, Adv.

For the Opposite Parties : Smt. J. Sahoo, A.S.C.

P R E S E N T:

HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing: 18.07.2025 :: Date of Judgment : 18.07.2025

ANANDA CHANDRA BEHERA, J.--

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

Constitution of India, 1950 has been filed by the Petitioners

praying for directing Tahasildar, Khaira (Opposite Party No.3) to

implement the direction given by the Sub-Collector, Balasore in

its final order dated 28.09.2023 (Annexure-5) passed in L.E.

Appeal No.27 of 2021 on dated 28.09.2023.

In that order vide Annexure-5, the Sub-Collector, Balasore

had remanded L.E. Appeal No.27 of 2021 to the Tahasildar,

Khaira (Opp. Party No.3) for its fresh adjudication as per law.

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 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 petitioners to

approach the Sub-Collector, Balasore annexing the certified copy

of this Judgment praying for directing the Tahasildar, Khaira

(Opp. Party No.3) to implement its order dated 28.09.2023

(Annexure-5) within a stipulated time making it clear that, in

case of non-taking up of any step by the Sub-Collector, Balasore

in spite of the application of the petitioners for the same, the

Petitioners are at liberty to approach this Court again by filing

writ petition seeking appropriate relief.

4. As such, the writ petition filed by the Petitioners is disposed

of finally.

(ANANDA CHANDRA BEHERA) JUDGE High Court of Orissa, Cuttack The 18th July 2025// Utkalika Nayak Jr. Stenographer

Signature Not Verified Digitally Signed Signed by: UTKALIKA NAYAK Reason: Authentication

Orissa, Cuttack Date: 18-Jul-2025 19:37:14