Gurudev Das Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Gurudev Das Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of; petitioner given liberty to approach the appropriate authority seeking implementation of the Tahasildar's order as per Annexure-1; no implementation direction issued by the Court; urgent certified copy of the order to be granted as per rules.

Issue for consideration

Whether the High Court, in writ jurisdiction, could be directed/moved to direct the Revenue Inspector (opposite party no.3) to carry out the Tahasildar's order (Annexure-1), receive rent from the petitioner and make consequential rectification of the ROR relating to Mouza Kalarahanga, holding no.725/833, khata no.766, plot no.1790, area Ac.0.05 decs. +1 more

Court's answer

The High Court is not the executing Court to direct implementation of the order passed by the Tahasildar, Bhubaneswar; implementation/execution of such an order cannot be obtained through a writ petition before the High Court.

Ratio / Principle

The petitioner is at liberty to approach the appropriate authority seeking implementation of the order of the Tahasildar as per Annexure-1; the Court itself issued no direction for implementation or for disposal of the pending representation.

Detailed headnote1 paragraphs

Writ petition (W.P.(C) No.955 of 2025, decided 17.02.2025) in which the petitioner Gurudev Das sought a direction to the Revenue Inspector, opposite party no.3, to carry out the order of the Tahasildar, Bhubaneswar (Annexure-1), receive rent from the petitioner and effect consequential rectification of the ROR relating to Mouza Kalarahanga, holding no.725/833, khata no.766, plot no.1790, area Ac.0.05 decs, following an unactioned representation dated 19.06.2024. Held by the two-Judge bench: the High Court is not the executing Court to direct implementation of the order passed by the Tahasildar, Bhubaneswar; the petitioner was left at liberty to approach the appropriate authority seeking implementation of the Tahasildar's order as per Annexure-1. Writ petition disposed of; no costs or monetary quantum involved.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.955 of 2025

Gurudev Das

….. Petitioner

Mr. Ramakanta Das, Advocate

-versus-

State of Odisha and others

..... Opp. Parties

Miss. Subhalaxmi Devi, Addl. Standing Counsel

CORAM:

THE HON'BLE MR. JUSTICE S.K. SAHOO

THE HON'BLE MISS. JUSTICE SAVITRI RATHO

ORDER

Order No.

17.02.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State of Odisha.

The petitioner has filed this writ petition with a prayer to direct the Revenue Inspector, opposite party no.3 to carry out the order of the Tahasildar vide Annexure-1 and receive rent from the petitioner and consequential rectification to be made in respect of the ROR, which relates to MouzaKalarahanga, holding no.725/833 corresponding to khata no.766, plot no.1790, area of Ac.0.05 decs.

Learned counsel for the petitioner submitted that the petitioner has filed a representation before the Tahasildar,

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Bhubaneswar, opp. party no.2 on 19.06.2024, but he has not received any communication from the concerned Authority relating to the status of the same and therefore, a direction may be given to the said authority to dispose of the same within a specified period.

Learned counsel for the State has raised serious objection stating that this Court is not the executing Court to execute the order passed by the Tahasildar, wherein direction has been given to the Revenue Inspector, opp. party no.3 to implement the order passed by the higher authority.

Considering the submissions made by the learned counsel for the respective parties, we are of the view that the High Court is not the executing Court to direct implementation of the order passed by the Tahasildar, Bhubaneswar. The petitioner is at liberty to approach the appropriate authority seeking implementation of the order of the Tahasildar as per Annexure-1.

Accordingly, the writ petition stands disposed of.

Urgent certified copy of this order be granted as per

rules.

( S.K. Sahoo)

Judge

(Savitri Ratho) Judge

Rajesh

Signature Not Verified

Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTT ACK Date: 20-Feb-2025 16:57:48

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