Kailash Chandra Das vs State Of Odisha And Others .... Opposite ...
2025 Latest Caselaw 10409 Ori

Orissa High Court

Kailash Chandra Das vs State Of Odisha And Others .... Opposite ... on 25 November, 2025

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No.33210 of 2025

              (An application under Article 226 and 227 of the Constitution of India, 1950)



              Kailash Chandra Das                          ....            Petitioner
                                             -versus-
              State of Odisha and others                   ....      Opposite Parties


                        Appeared in this case by Hybrid Arrangement
                                   (Virtual/Physical Mode):
                       For Petitioner        -       Mr. S.K. Lenka,
                                                     Advocate.

                       For Opposite Parties-         Ms. J. Sahoo,
                                                     Learned Additional Sanding Counsel

                       CORAM:
                       HON'BLE MR. JUSTICE A.C.BEHERA

Date of Hearing :25.11.2025 :: Date of Judgment :25.11.2025

A.C. Behera, J. This writ petition has been filed by the petitioner under

Articles 226 and 227 of the Constitution of India, 1950 praying for

directing the Tahasildar, Bhubaneswar in the district of Khurda for

implementation of the order dated 19.03.2020 passed in Revision Misc.

Case No.05 of 2011 by the Sub-Collector-cum-Revenue Officer,

Bhubaneswar. Because, the direction, which was given by the Sub-

Collector-cum-Revenue Officer, Bhubaneswar in Revision Misc. Case

No.05 of 2011 to the Tahasildar, Bhubaneswar for implementation of the

same, the Tahasildar, Bhubaneswar is not implementing the same.

2. Heard from the learned counsel for the petitioner and learned

Standing Counsel for the State.

3. On this aspect, the propositions of law has already been

clarified by the Apex Court in a case between Jayamma and others

vrs. The Dy. Commr. Hassan Dist. Hassan and others : reported in

2013(3) Civil Law Times-94 that,

"if a Sub-ordinate authorities in Government does not act in terms of directions or instructions issued by the superior authority, it is not for the High Court to compel that, Sub-ordinate authority to comply with the instructions or directions issued by the superior authority. Because, High Court is not the executing forum of the instructions issued by the Government or superior officers of the Government to their Sub-ordinate Officers, because, it is the duty of the superior officer(who passed the order) to see the implementation of its own order by its Sub-ordinate. The High Court is not the executing forum of instructions/directions issued by the Superior Authority of the Government to its Subordinate Officers. So, it is the duty of the Superior Authority of the Government(who passed the order) to implement his/her own order properly."

4. In view of the principles of law enunciated by the Apex Court in

the ratio of the aforesaid decision, it is the duty of the superior officer of

the Government to see that, his/her order/direction is implemented by its

sub-ordinate officer, to whom, the direction was issued for

implementation.

5. 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 giving liberty to the petitioner to approach the

authority, i.e., Sub-Collector-cum-Revenue Officer, Bhubaneswar, who

had passed the order on dated 19.03.2020 in Revision Misc. Case No.05

of 2011 by filing an application for its proper implementation by the

Tahasildar, Bhubaneswar, annexing the certified copy of this judgment

and in case of non-response to the same, the petitioner can approach the

High Court seeking appropriate relief concerning non-response of his

application by Sub-Collector-cum-Revenue Officer, Bhubaneswar.

6. So, with the aforesaid observations and directions, this writ

petition filed by the petitioner is disposed of finally.

(A.C. Behera), Judge Orissa High Court, Cuttack The 25th of November, 2025/ Jagabandhu, P.A.

Designation: Personal Assistant