Debadutta Das vs State Of Odisha & Others
2025 Latest Caselaw 8021 Ori

Orissa High Court

Debadutta Das vs State Of Odisha & Others on 9 September, 2025

                 ORISSA HIGH COURT : CUTTACK

                     WP(C) No.23945 of 2025

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



                             ***

Debadutta Das ... Petitioner.

-VERSUS-

State of Odisha & Others ... Opposite Parties.

Counsel appeared for the parties:

For the Petitioner : Mr. B. Pujari, Advocate

For the Opposite Parties : Mr. T. Nayak, Addl. Standing Counsel.

P R E S E N T:

HONOURABLE MR. JUSTICE ANANDA CHANDRA BEHERA

Date of Hearing : 09.09.2025 :: Date of Judgment : 09.09.2025

J UDGMEN T

ANANDA CHANDRA BEHERA, J.--

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

Constitution of India, 1950 has been filed by the petitioner

praying for directing the Addl. Sub-Collector, Pattamundai

(Opp. Party No.3) to carry out (implementation of) the final

order dated 25.02.2019 passed in Revision Case No.61 of

2013 by the Commissioner Consolidation, Board of Revenue,

Odisha, Cuttack. Because, till yet, in spite of such direction of

the Commissioner Consolidation, Board of Revenue, Odisha,

Cuttack, the Addl. Sub-Collector, Pattamundai (Opp. Party

No.3) is not implementing its direction.

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, Board of Revenue, Odisha, Cuttack praying

for implementation of the final order dated 25.02.2019

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

the Commissioner Consolidation, Board of Revenue,

Odisha, Cuttack, no response is made to the same by the

Commissioner Consolidation, Board of Revenue, Odisha,

Cuttack 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, Board of

Revenue, Odisha, Cuttack in reference to the disposed of

Revision Case No.61 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 09 .09. 2025// Rati Ranjan Nayak Sr. Stenographer

Location: High Court of Orissa, Cuttack, India.