Orissa High Court
Subash Chandra Dehury vs Inspector Of General Of .... Opposite ... on 17 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.24383 of 2024
Subash Chandra Dehury .... Petitioner
Mr. Mohit Agarwal, Advocate
-versus-
Inspector of General of .... Opposite Parties
Registration, Cuttack and
others
Mr. Jayant Kumar Bal, AGA
(For Opposite Party Nos.1 to 3)
Mr. Lalit Kumar Maharana, Advocate
(For Opposite Party No.4)
W.P.(C) No.24376 of 2024
Abhisek Mohanty .... Petitioner
Mr. Mohit Agarwal, Advocate
-versus-
Inspector of General of .... Opposite Parties
Registration, Cuttack and
others
Mr. Jayant Kumar Bal, AGA
(For Opposite Party Nos.1 to 3)
Mr. Lalit Kumar Maharana, Advocate
(For Opposite Party No.4)
Page 1 of 5
W.P.(C) No.4303 of 2025
M/s. Trident Properties Pvt. .... Petitioner
Ltd., BBSR
Mr. Lalit Kumar Maharana, Advocate
-versus-
Certificate Officer-Cum- .... Opposite Parties
Addl. District Magistrate,
Bhubaneswar and others
Mr. Jayant Kumar Bal, AGA
(For Opposite Party Nos.1)
Mr. S.S. Mohanty, Advocate
(For Opposite Party No.4)
Mr. Ramachandra Panigrahy, Adv.
(For Opposite Party No.5)
Mr. Mohit Agarwal, Advocate
(For Opposite Party No.7)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
17.10.2025
Order No.
11. These matters are taken up through hybrid mode.
2. W.P.(C) No.24383 of 2024 has been preferred with a
prayer to direct the Opposite Party Nos.1 and 2 to ensure
that no agreement for sale and/or sale deed executed by
the Opposite Party No.4-Trident Properties Pvt. Ltd. is
registered till subsistence of Certificate Case No.35 of 2022
before the Opposite Party No.3. A further prayer has been
made to direct the Opposite Party No.3 to execute the
certificate in C.C. Case No.35 of 2022 within a period of six
months, in view of the judgment of the Supreme Court
reported in 2021 (6) SCC 418 (Rahul S. Shah Vs.
Jinendra Gandhi). A similar prayer has also been made in
W.P.(C) No.24376 of 2024 regarding Certificate Case No.42
of 2022.
3. So far as W.P.(C) No.4303 of 2025, which has been
preferred by M/s. Trident Properties Pvt. Ltd., BBSR, who
is the Opposite Party No.4 in the aforesaid two writ
petitions, a prayer has been made to set aside the order
dated 28.01.2025 passed by the Opposite Party No.1 in
Certificate Case No.42 of 2022 so also consequent letter
No.329 dated 28.01.2025 issued to the Opposite Party
Nos.2 to 5.
4. Since the issues in all the writ petitions are
pertaining to the alleged dues recoverable from the
Opposite Party No.4, all the matters have been clubbed
together for analogous hearing.
5. Heard learned Counsel for the parties.
6. During hearing, Mr. Agarwal, learned Counsel for the
Petitioner submits, the money deposited with the Registrar
(Judicial) of this Court be released in favour of the
Petitioner.
7. Per Contra, Mr. Maharana, learned Counsel for the
Opposite Party No.4-Company submits, initiation of both
the certificate proceedings, which are the subject matters
in W.P.(C) No.24383 of 2024 and W.P.(C) No.24376 of
2024, are based on the orders passed by the Odisha Real
Estate Regulatory Authority so also confirming orders
passed by the Odisha Real Estate Appellate Tribunal.
Being aggrieved by those orders, the present Opposite
Party No.4 has preferred MSA No.37 of 2025 so also MSA
No.38 of 2025. Both the said Appeals were heard by the
coordinate Bench and the judgments have been kept
reserved vide order dated 14.08.2025.
8. Mr. Maharana submits, to ensure the certificate
amount in both the certificate cases, being ordered by the
coordinate Bench vide order dated 11.02.2025 in W.P.(C)
No.4303 of 2025, the present Opposite Party No.4, who is
the Petitioner in the said writ petition, has already
deposited an amount of Rs.92,37,015/- in shape of
demand draft drawn in the name of the Registrar (Judicial)
of this Court. Hence, hearing of all the writ petitions
should be deferred till pronouncement of judgments in
MSA No.37 of 2025 so also MSA No.38 of 2025.
9. Mr. Maharana further submits, while passing the
said interim order dated 11.02.2025 in W.P.(C) No.4303 of
2025, the coordinate Bench further observed that in the
event such deposit is made by the Petitioner before this
Court, the refund/disbursement of said amount shall be
subject to result of the said writ petition.
10. Mr. Maharana submits, while preferring the Appeals
before the Odisha Real Estate Appellate Tribunal, equal
amounts were deposited before the Registrar of the
Appellate Tribunal. While dismissing those Appeals, even
though an observation was made by the Appellate Tribunal
that the statutory amount deposited with it has to be
refunded back to the Appellant on moving an appropriate
application, in anticipation that the Opposite Party No.4
may succeed in MSA No.37 of 2025 so also MSA No.38 of
2025, no applications have been moved till date for refund
of the statutory amount deposited with the Appellate
Tribunal.
11. Mr. Maharana further submits, as per the instruction
received, if both the said Appeals are decided against the
Opposite Party No.4, who is the Appellant in MSA No.37 of
2025 and MSA No.38 of 2025, appropriate order can be
passed by this Court for the refund/disbursement of said
amount deposited with the Registrar (Judicial) of this
Court.
12. Mr. Maharana further submits, in view of the
observation made by the coordinate Bench, the prayer for
disbursement of the said amount can only be considered,
subject to the outcome of MSA No.37 of 2025 so also MSA
No.38 of 2025 and W.P.(C) No.4303 of 2025.
13. In view of such submissions made by learned
Counsel for the parties, this Court is of the view that
hearing of all the writ petitions should be deferred till
disposal of MSA No.37 of 2025 so also MSA No.38 of 2025.
14. Accordingly, hearing of all the writ petitions stands
adjourned sine die giving liberty to the parties to move for
listing of the writ petitions after disposal of MSA No.37 of
2025 so also MSA No.38 of 2025.
Kanhu
(S. K. MISHRA)
JUDGE
Designation: Junior Stenographer
Location: High Court of Orissa, Cuttack.
Date: 18-Oct-2025 12:16:02
