[Cites 1, Cited by 0]
Orissa High Court
Malay Kumar Pradhan vs State Of Odisha And Others .... Opposite ... on 24 February, 2026
Author: B. P. Routray
Bench: B. P. Routray
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 27-Feb-2026 17:38:37
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.6012 of 2015
Malay Kumar Pradhan .... Petitioner
Mr.S.S.Das, Sr.Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.T.K.Dash, AGA
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
24.2.2026
Order No.
11. 1. Heard Mr. Das, learned Senior Counsel for the Petitioner and
Mr. Dash, learned Additional Government Advocate for State-
Opposite Parties.
2. The grievance of the Petitioner is that he purchased the case
land, i.e. Plot No.630, Khata No.196/650, measuring Ac.0.27
decimals out of Ac.0.69 decimals, on 25th May 2013 of Mouza
Korada under Remuna Tahasil in the district of Balasore from one
Hiranmayee Panda. Subsequently, though no final intimation was
sent to him, but the concerned Tahasildar took steps physically to
dispossess the Petitioner from the case land on the ground that the
same is involved in a criminal case.
Signed by: CHITTA RANJAN BISWAL
Location: Orissa High Court, Cuttack
Date: 27-Feb-2026 17:38:37
3. On the query made by the Petitioner, he came to know about
the letter dated 7th February 2015 (Annexure-6) issued by the
A.D.M. & Competent Authority under the OPID Act directing the
Tahasildar for taking over possession as per the ad-interim
attachment order of the Government relating to the properties of
M/s.Artha Tatwa Group of Companies.
4. Mr.Das, learned Senior Counsel appearing on behalf of the
Petitioner submits that the letter of attachment as per Annexure-6
does not specify any plot or Khata number and the case land as
possessed by the Petitioner after purchase by him is never
mentioned in any order of the Competent Authority for
attachment.
5. The State has filed its counter affidavit through the
Tahasildar, Remuna and it is admitted in the counter at Paragraph
13 that, the case land owned by the Petitioner is not a part of the
attached properties. For better appreciation, Para 13 of the
counter are reproduced below:
"13. That with regard to averments made in paragraph-21 of
the writ petition, it is humbly submitted that this deponent
has not received any letter/direction regarding attachment of
property appertaining to Plot No.630, Khata No.196/650,
Mouza- Korada, Tahasil- Remuna, Dist- Balasore. However,
Signed by: CHITTA RANJAN BISWAL
Location: Orissa High Court, Cuttack
Date: 27-Feb-2026 17:38:37
the original case record in connection with Kharavelnagar
P.S. Case No.44/2013 has already been transferred to CBI,
Bhubaneswar on 9.8.2014 and at present CBI is investigating
the case."
6. Admittedly, the proceeding for attachment of the property has
been initiated under the Odisha Protection of Interests of
Depositors (in Financial Establishments) Act, 2011 (in short „the
OPID Act‟). Nothing has been brought on record in the counter
affidavit regarding initiation of any other proceeding under any
other law relating to the case land.
7. Thus, it is seen that the Petitioner has purchased the property
vide RSD dated 25th May 2013 on payment of consideration
amount and no such proceeding for attachment of the property or
any legal hindrance is seen to be pending in respect of the case
land. The Tahasildar has also admitted in the counter at Para-11
that he has not received any letter/direction from the Competent
Authority for taking over possession as per the ad-interim
attachment order in respect of the case land.
8. In such view of the matter, when no proceeding for
attachment of the property or any other legal hindrance is seen in
respect of possession of the Petitioner over the case land, no
Signed by: CHITTA RANJAN BISWAL
Location: Orissa High Court, Cuttack
Date: 27-Feb-2026 17:38:37
reason is seen to refuse the Petitioner to continue with his
possession over the case land. Accordingly, the writ petition is
disposed of permitting the Petitioner to continue with possession
of the case land.
9. Urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
C.R. Biswal
