Disposed

Bhabani Shankar Garabadu v. Sub Collector, Khordha

Orissa HC18 Sept 2024WP(C)/21859/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking mortgage-free declaration and action against a bank for fraudulent re-mortgaging of his property by an opposite party. The court declined to entertain the prayer on merits but granted liberty to approach the appropriate forum for remedies under the Criminal Law. The petition was disposed of.

What did the court decide?

Liberty granted to approach the appropriate forum seeking remedy under the Criminal Law.

Bhabani Shankar Garabadu Vs Sub Collector… — Civil Procedure and Limitation | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21859 of 2024

¶2

Bhabani Shankar Garabadu …. Petitioner

¶3

Represented By Adv. Mr. Bibhuti Ranjan Mohanty

¶4

-versus-

¶5

Sub Collector, Khordha & Ors.

¶6

…. Opposite Parties Represented By ASC Mr. G. R. Mohapatra

¶7

CORAM: DR. JUSTICE S.K. PANIGRAHI

ORDER

Order No.

18.09.2024

1 . This matter is taken up through hybrid arrangement.

¶13

2 . The Petitioner has filed this Writ Petition seeking a direction from this Court to the Opposite Party No.2/Bank to make the land mortgage-free under Khata No.187/183 which is now Khata No.186/638 under Baliapada Mouza, Bhubaneswar in the district of Khurda. Apart from this, he further sought for a direction from this Court to the Opposite Party No.2/Bank to enquire into the matter and take action against the Opposite Party No.4, who had fraudently mortgaged the Petitioner’s property with Opposite Party No.2/Bank and availed a

¶14

Page 1 of 3

¶15

// 2 //

¶16

huge amount to the tune of Rs.40,00,000/-(Rupees Forty Lakhs Only)

¶17

3 . Heard learned counsels for the Parties.

¶18

4 . Learned counsel for the Petitioner submits that the Petitioner is the Director of M/s. Safal Construction Company, who purchased a piece of land measuring an area Ac.0.350 decimals from the vendor Mrs. Nirupama Pattanaik. The vendor sold the said property through two Regd. Sale Deeds to the Opposite Party No.4 on 22.12.2006. The Opposite Party No.4 mutated the said land in his favour and thereafter, he mortgaged the same along with his other lands with the Opposite Party No.2/Bank for an amount of Rs.40,00,000/- (Rupees forty lakhs only). The Opposite Party No.4 cleared-up all the dues and the Opposite Party No.2/Bank issued Registered Deed of Re-conveyance. In the mean time, the Petitioner came to know about all the things and he filed mutation case which was dropped by the Tahasildar, Jatni. The Petitioner challenged the said order before SubCollector, Bhubaneswar by way of Mutation Appeal, in which the Petitioner succeeded and the R.O.R. which was mutated in the name of Opposite Party no.4 was remutated in the name of Petitioner. Knowing all these

¶19

Page 2 of 3

¶20

// 3 //

¶21

things, the Opposite Party No.4 mortgaged the said land again with the Opposite Party No.2/Bank and availed Rs.40,00,000/- and did not repay the same. Now, the Petitioner is unable to sell the same as the said land is mortgaged by the Opposite Party No.4.

¶22

5 . Without going into the merits of the case, this Court is not inclined to entertain the prayer of the present Petitioner. However, considering the request of the learned counsel for the Petitioner, the Petitioner is granted liberty to approach the appropriate forum seeking remedy under the Criminal Law.

¶23

6 . Accordingly, the Writ Petition is disposed of.

¶24

(Dr. S.K. Panigrahi)

¶25

Judge

¶26

Sumitra

¶27

Signature Not Verified

¶28

Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Sep-2024 17:03:12

¶29

Page 3 of 3

Bhabani Shankar Garabadu v. Sub Collector, Khordha

Case brief

What is this about?

What did the court decide?

Bhabani Shankar Garabadu v. Sub Collector, Khordha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Charana Malika Vs State of Odisha

Lingaraj Gadanayak Vs Tata Motors Finance Ltd. Bbsr

Udaya Narayana Panda Vs Sub-Collector,Bhadrak

Ratnakar Mohanty Vs State of Odisha

Hardev Singh Vs State and Ors.

Paritosh Pradhan Vs Office of the Insurance Ombudsman