Orissa High Court
Dali Nayak @ Biswal vs State Of Odisha And Others .... Opposite ... on 20 September, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.25811 of 2025
(An application under Article 226 and 227 of the Constitution of India, 1950)
Dali Nayak @ Biswal .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Appeared in this case by Hybrid Arrangement
(Virtual/Physical Mode):
For Petitioner - Mr. S.K. Patnaik,
Advocate.
For Opposite Parties- Smt. J. Sahoo,
Addl. Sanding Counsel
CORAM:
HON'BLE MR. JUSTICE A.C.BEHERA
Date of Hearing :20.09.2025 :: Date of Judgment :20.09.2025
A.C. Behera, J. This writ petition has been filed by the
petitioner praying for directing the Tahasildar, (Sadar) Cuttack (O.P.
No.3) for implementation of the order dated 16.08.2024 passed in
Mutation Appeal No.262 of 2021 by the Sub-Collector, Cuttack.
2. Heard from the learned counsel for the petitioner and learned ASC
for the State.
3. The law concerning the implementation of the directions issued by
the superior authority to its sub-ordinate authority like this matter at hand
has already been clarified by the Apex Court in the ratio of the decision
between Jayamma & Ors. Vrs. Deputy Commissioner, Hassan Dist.,
Hassan & Ors. reported in III (2013) CLT 94 (SC) that,
"if Subordinate Authority of the Government does not act in
terms of the directions or instructions issued by superior
authority, then in such a situation, it is not for the High Court
to compel the Subordinate Authority of the Government to
comply the instructions or directions issued by the Superior
Authority. Because, High Court is not the executing forum of
instructions issued by the Superior Authority of the
Government to its Subordinate Officer. So, as per law, it is
the duty of the Superior Authority of the Government (who
passed the order) to see the implementation of his/her own
order properly."
4. So, by applying such principles of law enunciated in the ratio of the
above decision of the Apex Court to this matter at hand, it is felt proper to
dispose of this writ petition filed by the petitioner finally directing the
petitioner to file an application before the Sub-Collector, Cuttack praying
for implementation of its final order dated 16.08.2024 passed in Mutation
Appeal No.262 of 2021 and in case of non-response to the same by the
Sub-Collector, Cuttack, the petitioner is at liberty to approach this Court
again seeking appropriate relief for the same.
5. As such, this writ petition filed by the petitioner is disposed of
finally.
6. Registry is directed to transmit the copy of this judgment
immediately to the opposite party Nos.2 & 3.
(A.C. Behera),
Judge.
Orissa High Court, Cuttack.
20.09.2025//Utkalika Nayak//
Junior Stenographer
Signature Not
Verified
Digitally Signed
Signed by: UTKALIKA
NAYAK
Reason: Authentication
Location: High Court of
Orissa, Cuttack
Date: 20-Sep-2025
