Orissa High Court
Dr. Rajakishore Barad vs Chief Manager -Cum- Opposite Parties on 14 August, 2025
Author: Sanjeebk. Panigrahi
Bench: Sanjeebk. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23017 of 2024
Dr. Rajakishore Barad ..... Petitioner
Mr. Ananta Narayan
Pattanayak, Advocate
-versus-
Chief Manager -cum- Opposite Parties
Authorized Officer, UCO Mr. Rajib Das, Advocate
Bank, Bhubaneswar&Ors.
CORAM:
THE HON'BLE DR. JUSTICE SANJEEBK. PANIGRAHI
ORDER
14.08.2025
(I.A. No.13307 of 2025)
Order No.
03. 1. This matter is taken up through hybrid
arrangement.
2. This I.A. has been filed by the Petitioner seeking a
direction from this Court to the learned Debt Recovery
Tribunal, Odisha, Cuttack to adjudicate his recall petition
vide M.A. No.03 of 2025 (arising out of S.A. No.168 of
2023).
3. Heard.
4. It appears that the Writ Petition has been disposed of
on 20.09.2024. In the Writ Petition, the Petitioner had
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 17-Aug-2025 13:49:09
sought for a direction from this Court to the Opposite
Party Nos.1 and 2/Bank to issue Sale Confirmation
Certificate and registered the sale deed in hisfavour in
respect of E-auction property i.e. Plot No.806/1542,
KhataNo.407/355, Mouza-Pratap Prasad, DSR, Nayagarh
under Nayagarh District measuring an Area of Ac 0.030
dec.(1306.80 Sqft) which was held on 11.08.2018.
5. Learned counsel for the Petitioner submits that the
petitioner has participated in the e-auction sale process in
respect of E-auction notice issued by the Opposite Party
No.1 - Bank which was published in daily Odiya
Newspaper "The Samaj" on 11.08.2018for E-auction sale
of immovable properties of Proforma Opposite Party
No.3 pertaining to Plot No.806/1542, KhataNo.407/355,
Mouza - Pratap Prasad, DSR- Nayagarh under Nayagarh
District measuring an Area of Ac 0.030dec.(1306.80 Sqft.)
where the petitioner declared assuccessful highest bidder
in respect of the auction sale. The Petitioner also
deposited the entire auction amount ofRs.11,05,000/-
within 24.09.2018. Subsequently, even though the
petitioner had approached several timesto the Bank
authorities to register the sale deed inhis favour but the
Bank authorities are avoiding to do the same and playing
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 17-Aug-2025 13:49:09
hide and sickgame with him without registering the sale
deed in his favour till date. In such view of the matter,
thepetitioner has approached this Court.
6. Learned counsel for the Bank submits that since
S.A. has been filed by the borrower in the year 2019 and
an interim order has been passed in the said matter,
hence, property could not be delivered to the auction
purchaser.
7. Learned counsel for the Petitioner submits that
pursuant to the directions passed by thisCourt vide order
dated 20.09.2024 inW.P.(C) No. 23017 of 2024, the learned
Presiding Officer, Debt Recovery Tribunal, Cuttack
without considering the contention of the present
petitioner (auction purchaser) who has already deposited
the money since 2018 in a bonafide manner but did not
get the property since then. The said S.A was disposed of
vide judgment dated 09.12.2024 allowing the said
S.Afiled by the present Proforma Opposite Party No.3
and directed the opposite party Nos.1 and 2/Bank to
refund the amount to the auction purchaser. Accordingly,
the said amount was received only before two days i.e.
Designation: Personal Assistant
the Petitioner in the meantime, has filed recall application
Reason: Authentication
Location: OHC
Date: 17-Aug-2025 13:49:09
bearing M.A. No.3 of 2025, which was listed on 16.01.
2025, 03.02.2025, 20.02.2025, 06.03.2025, 21.03.2025,
17.04.2025, 29.04.2025, 21.05.2025, 30.05.2025, 17.06.2025,
10.07.2025 and 31.07.2025. However, till date the said
M.A. is still pending.
8. Considering the delay in disposal of the recall
application filed by the present Petitioner, this Court
directs the Presiding Officer, Debt Recovery Tribunal,
Cuttack to present before this Court through V.C. on
19.08.2025 at 2.00 P.M.
9. List this matter on 19.08.2025 at 2.00 P.M.
(Dr. Sanjeeb K. Panigrahi)
Judge
Gitanjali
Designation: Personal Assistant
