Ram Shankar Mishra vs State of U.P. and Others

Sibghat Ullah Khan, J.—Heard learned counsel for the petitioner. The prayer made through this writ petition is that opposite party No. 4 i.e. Zila Adhikari, Faizabad/D.D.C., Faizabad be directed to enforce the orders dated 17.7.2012 and 2.5.2013 Annexures 1 and 2 which are letters/directions issued by Consolidation Commissioner to D.M./D.D.C. and to hold inquiry for which petitioner has submitted an application on 16.5.2012. This Court is not subordinate to Consolidation Commissioner. Such writ petitions are not maintainable which seek enforcement of some order of any subordinate authority/Court. Execution is always to be filed either before the same Court/Authority or subordinate Court/Authority. Such direction cannot be issued by the higher court for the reason that the order which is sought to be enforced is not binding upon the higher Court or higher authority and as it is not under challenge hence it cannot be set aside. Issuing direction to implement an order passed by subordinate Court/authority by the High Court would amount to putting the seal of approval of High Court on the said order.

The petitioner may tell the commissioner not to pass such orders which he cannot get enforced. The writ petition is utter abuse of process of Court hence it is dismissed.