NANDI KESWAR PATRA 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, Bamra (Opp. Party No.3) to carry out (implement) the order dtd. 24/9/2025 passed in Bebandobasta Appeal Case No.04/2022 by the Addl. District Magistrate (Revenue), Sambalpur (Opp. Party No.2).

(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 instruction 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.