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High Court of Orissa · body

2022 DAILYLAW 737 (ORI)

THE REGIONAL MANAGER, AGRICULTURE INSURANCE CO. LTD. v. THE BRANCH MANAGER, STATE BANK OF INDIA, KANTAMAL BRANCH

RVWPET/104/2022 · 2026-02-13

Harish Tandon Cj, Miss Savitri Ratho

Writ Petition (Civil)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET No. 104 of 2022 The Regional Manager, Agriculture Insurance Company of India Ltd. Bhubaneswar …. Petitioner Mr. Narendra Kishore Mishra, Senior Advocate -versus- 1. The Branch Manager, State Bank of India, Kantamal Branch, Boudh 2. State of Odisha, represented through it’s Commissioner -cum- Secretary, Agriculture Department, Bhubaneswar 3. The Collector, Boudh 4. The Assistant Agriculture Officer, Kantamal Block, Boudh 5. Mr. Kunja Bihari Khatua …. Opp. Parties Mr. Pradipta Kumar Mohanty, Senior Advocate for OP No. 1 Ms. Madhusmita Panda, Advocate for OP No.5 CONTC No. 3297 of 2022 Sri Kunja Bihari Khatua …. Petitioner Ms. Madhusmita Panda, Advocate -versus- 1. Jyoti Ranjan Sahu, Branch Manager, State Bank of India, Kantamal Branch, Boudh 2. Bhanu Prakash Jena, Regional Manager, Agriculture Insurance Company, Regional Office, Bhubaneswar 3. Debasish Nayak, Assistance Agriculture Officer, Kantamal Block, Boudh …. Opp. Parties Mr. Saswat Das, Additional Government Advoate Mr. Pradipta Kumar Mohanty, Senior Advocate for OP No. 1 Mr. Narendra Kishore Mishra, Senior Advocate for O.P. No.2 CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 13.02.2026 (Through hybrid Mode) 07. 1. This Review Petition has been filed for recalling the judgment dated 07.10.2021 passed in W.A. No. 149 of 2020. The Writ Appeal had been preferred against an interim order passed in W.P.(C) No.2852 of 2017 by a learned Single Judge. The said writ application is still pending before this Court. 2. By order dated 07.10.2021 passed in W.A. No. 149 of 2020, this Court had directed as follows:- “Hence it is directed that the Respondent No.5 shall approach the Assistant Agricultural Officer within four weeks from today with a certified copy of this order. A fresh claim form and supporting documents shall then be prepared by the Assistant Agricultural Officer within two weeks hence, giving the correct particulars of the land (G.P.) of the land and the differential amount payable to the Respondent No.5, and submitted to the Appellant Bank. The Appellant Bank shall then forward it to the Agricultural Company within four weeks hence. The Agricultural Company shall then process the claim and release the differential amount within a period of three months to the Appellant Bank, so that it can be paid to Respondent No. 5 within a month thereafter.” 3. The contempt application has been filed alleging dis- obedience the order of this Court dated 07.10.2021 passed in W.A. No.149 of 2020. 4. An additional affidavit has been filed on behalf of the Petitioner stated that notwithstanding the facts and grounds urged in this Review Petition, the Petitioner seeks to settle the pending cases in W.P.(C) No.2852 of 2012 and CONTC No. 3297 of 2022 connected with the present Review Petition by causing payment of the computed claim of Rs.66,824/- in terms of the direction made in the Judgment passed in W. A. No. 149 of 2020. 5. Cheque No.000103 dated 09.02.2026 drawn on Axis Bank, Bhubaneswar for Rs.66,824/- favouring the State Bank of India, Phulbani Branch is handed over to Mr. P.K. Mohanty, learned Senior Counsel appearing for the Opposite Party No.1. 6. It is expected that this amount will be transferred to the account of Opposite Party No.5 within a period of two weeks. 7. As order dated 07.10.2021 passed in W.A. No. 149 of 2020, violation of which has been alleged in the present contempt petition, has been complied with, the contempt proceeding is dropped. 8. In view of the payment of Rs.66,824/- to the Opposite PartyNo.1 (Appellant in the W.A. No. 149 of 2020), which is to be paid to the Petitioner in Writ Petition No. 2852 of 2017, nothing remains to be decided in the Writ Petition which is deemed to be disposed of. 9. The RVWPET is accordingly disposed of. 10. Urgent certified copy of this order be granted on proper application. (Harish Tandon) Chief Justice (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer