Gitanjali Mohanty vs State Of Odisha And Others

A.C. Behera, J

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, Bhubaneswar(Opposite Party No.3) in the district of Khurda for the implementation of the final order dated 12.06.2025 passed in OSS Revision Case Vide OSS Case No.517 of 2018 by the Member, Board of Revenue, Cuttack(Opposite Party No.2). Because, the direction, which was given by the Member, Board of Revenue, Cuttack(Opposite Party No.2) in OSS Revision Case Vide OSS Case No.517 of 2018 to the Tahasildar, Bhubaneswar(Opposite Party No.3) for implementation of the same, as the same has not been implementation till yet.

Heard from the learned counsel for the petitioner and learned Additional Standing Counsel for the State.

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.”

In view of the propositions 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 given for implementation, but, his direction cannot be implemented by the High Court. Because, High Court is not the executing forum to execute the directions/orders passed by the Superior Officers of the Government.

So, by applying the propositions of law enunciated in the ratio of the aforesaid 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 authority, i.e., Member, Board of Revenue, Cuttack(Opposite Party No.2), who had passed the order on dated 12.06.2025 in OSS Revision Case Vide OSS Case No.517 of 2018 by filing an application for its proper implementation by the Tahasildar, Bhubaneswar(Opposite Party No.3), annexing the certified copy of this judgment and in case of non-response to the same by the Opposite Party No.2, the petitioner can approach the High Court seeking appropriate relief for such non-response of the Opposite Party No.2 for implementation of its own order passed in OSS No.517 of 2018.

Therefore, with the aforesaid observations and directions, this writ petition filed by the petitioner is disposed of finally.