Radhashyam Mishra vs State Of Odisha & Others
2025 Latest Caselaw 7777 Ori

Orissa High Court

Radhashyam Mishra vs State Of Odisha & Others on 2 September, 2025

                 ORISSA HIGH COURT : CUTTACK

                     WP(C) No.22043 of 2025

An application under Articles 226 & 227 of the Constitution of
                            India.



                             ***

Radhashyam Mishra ... Petitioner.

-VERSUS-

State of Odisha & Others ... Opposite Parties.

Counsel appeared for the parties:

For the Petitioner : Mr. S.K. Padhi, 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 : 02.09.2025 :: Date of Judgment : 02.09.2025

J UDGMENT

ANANDA CHANDRA BEHERA, J.--

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

Constitution of India, 1950 has been filed by the petitioners

praying for directing the Tahasildar, Pipili (O.P. No.2) to carry

out (implementation of) the final order dated 18.07.2014

passed in Revision Petition No.64 of 2013 by the

Commissioner Consolidation, Odisha, Bhubaneswar.

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

learned Addl. Standing Counsel for the Opp. Parties

3. The law has already been settled by the Apex Court in

the ratio of the decision reported in 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 High Court to compel that subordinate authority to comply with the instruction or direction issued by the higher authority of the Government. Because, High Court is not the executing forum of instruction issued by the Government Authorities. It is the duty of the

authority of the Government, who passed the order to see that, its order is properly implemented."

4. So, in view of the above principles of law, liberty is

granted to the petitioner to file an application annexing the

certified copy of this Judgment before the Commissioner

Consolidation, Odisha, Bhubaneswar praying for

implementation of the final order dated 18.07.2014 passed

by it and if after filing of such an application before the

Commissioner Consolidation, Odisha, Bhubaneswar, no

response is made to the same by the Commissioner

Consolidation, Odisha, Bhubaneswar, then, the petitioner

can approach the High Court seeking appropriate relief for

the same.

5. On the basis of the aforesaid directions, this writ

petition is to be disposed of finally.

6. Registry is directed to communicate this Judgment

immediately to the Commissioner Consolidation, Odisha,

Bhubaneswar in reference to the disposed of Revision

Petition No.64 of 2013.

7. As such, this writ petition filed by the petitioner is

disposed of finally.

(ANANDA CHANDRA BEHERA) JUDGE

High Court of Orissa, Cuttack The 02 .09. 2025// Rati Ranjan Nayak Sr. Stenographer

Location: High Court of Orissa,