Orissa High Court
Biswambar Das vs State Of Odisha & Others on 25 June, 2025
ORISSA HIGH COURT : CUTTACK
WP(C) No.16956 of 2025
An application under Articles 226 & 227 of the Constitution of
India.
***
Biswambar Das
... Petitioner.
-VERSUS-
State of Odisha & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. L. Samantaray, Advocate.
For the Opposite Parties : Mr. S. Nayak, Addl. Standing Counsel.
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 24.06.2025 :: Date of Judgment : 24.06.2025
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition has been filed by the petitioner praying for
directing the Tahasildar, Jaleswar (Opp. Party No.3) through issuance of
writ of mandamus to carry out the directions given by the Addl.
Commissioner, Settlement and Consolidation, Balasore (Opp. Party No.2)
passed on dated 01.09.2023 in Settlement Revision Case No.749/2017
(Annexure-4).
2. Heard from the learned counsel for the petitioner and the learned
ASC for the State.
3. It is the settled propositions of law that, order of Board of Revenue
to be complied by the lower revenue authorities as per the direction
given in the said order and the lower revenue authorities are bound to
obey and comply the order of Higher Revenue Authorities.
On this aspect the propositions of law has already been
clarified by the Hon'ble Courts in the ratio of the following decisions:
I. In a case between Gati Krisna Misra vs State Of
Orissa And Ors. reported in 92 (2001) CLT 801 that,
order of Board of Revenue to be complied by lower
Revenue Authorities. They are bound to obey and comply
the order of higher authorities.
II. In a case between Sanatana Acharya Vrs.
Tahasildar, Panposh & Others reported in 2016 (II)
OJR 462 that, Tahasildar is to carry out the order of the
superior Court with regard to entry in the R.o.R. He has
no authority to sit over the order of the Addl.
Commissioner passed in exercise of Section 15(b) of the
OSS Act, 1958.
4. Here in this matter at hand, when it is the grievance of the
petitioner that, the Tahasildar, Jaleswar (Opp. Party No.3) is not carrying
out the final order dated 01.09.2023 passed by the Addl. Commissioner
of Settlement and Consolidation, Balasore (Opp. Party No.2) in
Settlement Revision Case No.749 of 2017, then, at this juncture, by
applying the principles of law enunciated in the ratio of the above
decisions, I find no justification to disallow the writ petition filed by the
petitioner.
5. Therefore, the writ petition filed by the petitioner is allowed.
6. The Tahasildar, Jaleswar (Opp. Party No.3) is directed through
issuance of Writ of Mandamus to comply the directions made by the
Addl. Commissioner of Settlement and Consolidation, Balasore (Opp.
Party No.2) on dated 01.09.2023 in Settlement Revision Case No.749 of
2017 within a period 1 month from the date of communication of this
Order.
7. The Registry is directed to communicate this order immediately to
the Tahasildar, Jaleswar (Opp. Party No.3).
8. Accordingly, the writ petition filed by the petitioner is disposed of
finally.
9. Urgent certified copy of this order be granted to the petitioner on
proper application.
(ANANDA CHANDRA BEHERA)
JUDGE
High Court of Orissa, Cuttack
The 25 .06. 2025// Rati Ranjan Nayak
Sr. Stenographer
Location: High Court of Orissa, Cuttack, India.
