Disposed¶34

Pata Sahoo v. the State Bank of India, Janghira Branch, Keonjhar

Orissa HC24 Sept 2025WP(C)/22885/2025

Case brief

AI extract

What is this about?

Orissa High Court writ petition disposed: State Bank of India directed to disburse entire rent to co-sharers per decree in T.S. No.88 of 1993 within one month; petitioner Pata Sahoo sought arrear and current rent under Lease Deed Annexure-3; co-sharer shares contested via First Appeal before District Judge, Keonjhar; counsel B.S. Panigrahi (petitioner) and D.K. Mohapatra (Bank); Judge Dr. Sanjeeb K. Panigrahi; order dated 24.09.2025.

What did the court decide?

The Opposite Party/State Bank of India was directed to disburse the entire rental amount to the co-sharers as per the spirit of the decree in T.S. No.88 of 1993, within one month from presentation of an authenticated copy of the order; the Writ Petition stands disposed of. ¶34

Pata Sahoo Vs the State Bank of India, Janghira Branch, Keonjhar — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22885 of 2025

Pata Sahoo

.....

Petitioner

Mr. B.S. Panigrahi,

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Advocate

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-versus-

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State Bank of India Opposite Party Mr. D. K. Mohapatra, Advocate

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CORAM:

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THE HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

24.09.2025

Order No.

1. This matter is taken up through hybrid

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arrangement.

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2. The Petitioner, by filing this Writ Petition, has made the following prayer:-

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“It is, therefore, prayed that your Lordships may graciously be pleased to admit the writ petition, call for the records, issue Rule NISI in the nature of Writ of Certiorari/Mandamus calling upon the Opp. Party to show cause as to why the Opp. Party Bank shall not be directed to make payment of the arrear and current rent as per the terms of the Lease Deed vide Annexure-3 with immediate effect;

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In the event the Opp. Party fail to show cause or show insufficient cause the

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Signature Not Verified

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Sep-2025 17:00:35

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Page 1 of 3 .

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said Rule be made absolute, the Opp. Party Bank be directed to make payment of the arrear and current rent as for the terms of the lease deed vide Annexure-3 with immediate effect to the petitioner.

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And may pass such other order/orders, direction/directions, writ/writs as deem fit and proper;

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And for this act of kindness, the petitioner shall as in duty bound remain ever pray.”

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3. Learned counsel for the Bank submits that though

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the agreement has been entered into with the Petitioner, there are other co-sharers which is evident from the judgment and decree dated 25.01.1997 and 27.02.1997 passed by the learned Civil Judge (Sr. Division), Keonjhar in T.S. No.88 of 1993. Since there are other co-sharers, the Bank cannot give the rental amount to the Petitioner until the shares of the co-sharers are decided.

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4. Learned counsel for the Petitioner submits that a First Appeal is pending before the learned District Judge, Keonjhar wherein the aforesaid judgment & decree have been challenged.

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5. Learned counsel for the Petitioner further fairly submits that the petitioner has no objection if the Bank divides the entire rental amount among the three co-

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Signature Not Verified

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Page 2 of 3 .

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Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-Sep-2025 17:00:35

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sharers as per the civil suit decree passed in T.S. No.88 of 1993.

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6. Considering the submissions made by the learned counsel for the parties and on going through the averments made in this Writ Petition, this Court directs the Opposite Parties/Bank to disburse the entire amount to the co-sharers as per the spirit of the decree passed in the aforesaid Title Suit within a period of one month from the date of presentation of an authenticated copy of this order.

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