Mandamus to Enforce Implementation of Remand Orders and Expedite Quasi-Judicial Proceedings

The petitioner, a 77-year-old resident of Raipur, filed a writ petition under Article 226 of the Constitution of India challenging the inaction of the Collector, Raipur (Respondent No. 2).

On 17.09.2025, the Commissioner, Raipur Division, had passed an order in Revenue Case No. 202407970100001/323 B-121 2023-2024, remanding the matter back to the Collector for a fresh decision.

Despite the petitioner approaching the Collector's office with the remand order, the authority failed to initiate proceedings or comply with the Commissioner’s directions.

The petitioner sought a mandamus to compel the Collector to decide the grievance within a stipulated timeframe.

Whether the High Court should exercise its discretionary jurisdiction to direct a subordinate revenue authority to comply with a remand order passed by a superior administrative authority.

The court applied the principle of administrative accountability and the duty of subordinate authorities to implement the quasi-judicial orders of superior authorities.

The petition was entertained under the High Court's power of judicial review to address administrative "inaction" and ensure the "interest of justice".

The Commissioner, Raipur Division, had explicitly remanded the matter to the Collector via an order dated 17.09.2025 with instructions to pass a speaking and reasoned order.

The Collector had failed to take "any effective steps" to comply with this order despite the petitioner's efforts to bring it to their attention.

Since the matter was already remanded by a superior authority (the Commissioner), the lower authority (the Collector) was legally bound to conclude the proceedings in a time-bound manner, especially after affording all concerned parties, including potential intervenors, a fair opportunity to be heard.

The High Court disposed of the writ petition by directing Respondent No. 2 (Collector, Raipur) to take up the matter forthwith and ensure a due opportunity of hearing to all concerned parties.