“Jayamma & Ors. Vs. The Deputy Commissioner, Hassan Dist. Hassan & ORs.”, Civil Appeal No. 4345-4429/2013 [Arising out of
S.L.P.(Civil) Nos. 10230-10314/2012], Decided on May 6, 2013
The Question before the Hon’ble Supreme Court was that whether
writ can be issued compelling the Land acquisition Collector/Officer to
implement the instruction issued to him by the Government otherwise than under
the procedure under the Land Acquisition Act?
In this case the Appellant filed a writ petition with prayer
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.
The Court held:
“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”. [Para 10]
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