GITANJALI MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

(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, Bhubaneswar(Opposite Party No.3) in the district of Khurda for the implementation of the final order dtd. 12/6/2025 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.

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

(3.) 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."