[Cites 2, Cited by 0]
Orissa High Court
Minarva Dash vs Collector on 8 January, 2026
ORISSA HIGH COURT : CUTTACK
WP(C) No.4 of 2026
An application under Articles 226 & 227 of the Constitution of
India.
***
Minarva Dash
... Petitioner.
-VERSUS-
Collector, Angul & Others
... Opposite Parties.
Counsel appeared for the parties:
For the Petitioner : Mr. Arijeet Mishra, Advocate
For the Opposite Parties : Mr. G. Mohanty, Standing Counsel.
(For the State)
P R E S E N T:
HONOURABLE
MR. JUSTICE ANANDA CHANDRA BEHERA
Date of Hearing : 08.01.2026 :: Date of Judgment : 08.01.2026
J UDGMENT
ANANDA CHANDRA BEHERA, J.--
1. This writ petition under Articles 226 and 227 of the
Constitution of India, 1950 has been filed by the petitioner
praying for directing the Tahasildar, Banarpal (Opp. Party
No.2) to carry out (implement) the order dated 28.05.2025
passed in Misc. Case No.72/2024 by the Collector & District
Magistrate, Angul (Opp. Party No.1).
2. Heard from the learned Counsel for the petitioner and
the learned Standing Counsel for the State.
3. The law relating to the scope of interference of the High
Court in the matter of non-implementation of the directions of
the superior officers of the Government to their sub-ordinate
officers has already been clarified in the ratio of the following
decision of the Apex Court.
In a case between 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
directions or instructions issued by the superior
officers, it is not for the High Court to compel
that subordinate authority to comply with the
instructions or directions issued by the superior
authority of the Government. Because, High
Court is not the executing forum of instructions
issued by the higher authorities of the
Government. It is the duty of the superior officer
of the Government (who had directed to the
sub-ordinate officer) to see that, his order is
properly implemented, but not the High Court
to implement such direction.
4. So, by applying the propositions 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 finally giving liberty to the petitioner to approach
the Collector & District Magistrate, Angul (Opp. Party No.1)
by filing an application annexing the certified copy of this
Judgment praying for the implementation of the order
dated 28.05.2025 passed in Misc. Case No.72/2024 by the
said Opp. Party No.1 and in case of non-response to the
same by the Opp. Party No.1, the petitioner can approach
this Court seeking appropriate relief for the same.
5. As such, this writ petition filed by the petitioner is
disposed of finally.
(ANANDA CHANDRA BEHERA)
JUDGE
Signature High
NotCourt
Verified
of Orissa, Cuttack
The 08 .01. 2026// Rati Ranjan Nayak
Digitally Signed Sr. Stenographer
Signed by: RATI RANJAN NAYAK
Reason: Authentication
Location: High Court of Orissa, Cuttack, India.
Date: 09-Jan-2026 14:51:53
