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High CourtsSingle Bench(2013) 07 CHH CK 0024

Sanat Kumar Mishra and Others vs State of Chhattisgarh and Others

Chhattisgarh High Court · Decided on 16 July 2013 · Citation: (2013) 3 BLJ 235

HON’BLE JUDGES
Satish K. Agnihotri, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 439 of 2013

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Judgment

5 paragraphs · 324 words

Satish K. Agnihotri, J.—By this petition, the petitioner seeks a direction to the Naib Tahsildar, Raigarh to decide his application (Annexure P/3), expeditiously. Learned counsel appearing for the petitioner submits that the Additional Collector, Raigarh has directed the Sub Divisional Officer (Revenue) Raigarh, to take appropriate steps. Despite the clear order of the Additional Collector, no decision has been taken.

2.

Law in this respect is welt settled that the High Court cannot be treated as an executing forum of the order passed by the seniority authority to the junior authority. The Supreme Court has also considered this issue in the matter of Jayamma and Others Vs. The Deputy Commissioner, Hassan Dist., Hassan and Others, and the issue as to whether the jurisdiction of the High Court can be invoked for a direction to implement the order passed by the superior authority to his junior authority, held as under:

10.

Even otherwise, the writ petition was wholly misconceived. The prayer is for direction to the land acquisition collector to act in terms of letter issued to the land acquisition collector by the secretary to the Government. If a subordinate authority in the Government does not act in terms of the direction or instruction issued by the superior authority, it is not for the court to compel that subordinate authority to comply with the instruction or direction issued by the superior authority, if it is not otherwise governed by a statutory procedure. Court is not the executing forum of the instruction issued by the Government to its subordinates. That jurisdiction lies elsewhere under the scheme of the Constitution. Therefore, on that count also, the writ petition was liable to be dismissed.

3.

Thus, this petition seeking the direction of the aforestated nature, is not maintainable.

4.

Accordingly, this petition is dismissed. However, the petitioner is at liberty to take appropriate steps as may be advised under the provisions of law. No order as to costs.