Appaya Kulesika Vs State of Odisha

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, Narayanpatna (Opp. Party No.3) to carry out (implement) the order dated 25.09.2006 passed in OSATIP Case No.6 of 2006 by the O.S.D. (L.R.), Koraput.

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2. Heard from the learned counsel for the Petitioner and the learned Standing Counsel for the State.

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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.

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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)

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to see that, his order is properly implemented, but not the High Court to implement such direction.

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4. So, by applying the propositions of law enunciated in

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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 O.S.D. (L.R.), Koraput (O.P. No.5) by filing an application annexing the certified copy of this Judgment praying for implementation of the order passed on dated 25.09.2006 in OSATIP Case No.6 of 2006 by him (O.P. No.5) and if after filing of such application before the O.S.D. (L.R.), Koraput (O.P. No.5) for implementation of its order passed in OSATIP Case No.6 of 2006, there is no response to the same by the O.P. No.5, then, 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.

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(ANANDA CHANDRA BEHERA)

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JUDGE

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High Court of Orissa, Cuttack Signature Not Verified The 17 .12. 2025// Binayak Sahoo Jr. Stenographer Digitally Signed Signed by: BINAYAK SAHOO Reason: Authentication Location: High Court of Orissa, C utta ck Date: 23-Dec-2025 10:59:27

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Appaya Kulesika v. State of Odisha

Case brief

What is this about?

What did the court decide?

Appaya Kulesika v. State of Odisha

Case brief

What is this about?

What did the court decide?

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What the court decided

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