[Cites 2, Cited by 0]
Orissa High Court
Bhagaban Sahu vs State Of Odisha And Others .... Opposite ... on 29 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.30924 of 2025
(An application under Article 226 and 227 of the Constitution of India, 1950)
Bhagaban Sahu .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. G. Mishra,
Advocate.
For Opposite Parties- Mr. S. Nayak,
Learned Additional Sanding Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :29.11.2025 :: Date of Judgment :29.11.2025
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, Brahamgiri(Opposite Party No.3) in the district
of Puri for executing the final order dated 24.01.2011 passed in S.R.P.
No.55 of 2010 by the Commissioner Consolidation, Odisha,
Bhubaneswar(Opposite Party No.2). Because, the direction, which was
given by the Commissioner Consolidation, Odisha,
Bhubaneswar(Opposite Party No.2) in S.R.P. No.55 of 2010 to the
Tahasildar, Brahamgiri(Opposite Party No.3) for execution of the same,
but, the same has not been executed till yet.
2. Heard from the learned counsel for the petitioner and learned
Additional 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., Commissioner Consolidation, Odisha,
Bhubaneswar(Opposite Party No.2), who had passed the order on dated
24.01.2011 passed in S.R.P. No.55 of 2010 by filing an application for its
proper implementation by the Tahasildar, Brahamgiri(Opposite Party
No.3), 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
Commissioner Consolidation, Odisha, Bhubaneswar(Opposite Party
No.2).
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 29th of November, 2025/ Jagabandhu, P.A.
Designation: Personal Assistant
