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2026 DAILYLAW 3642 (ORI)

JYOTI BHUSAN MALLICK v. GAUTAM CHARAN KHATUA

WP(C)/9269/2026 · 2026-04-17

B P Routray

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.9269 of 2026 Jyoti Bhusan Mallick …. Petitioner Mr. D.Patnaik, Advocate -versus- Gautam Charan Khatua & Anr. …. Opposite Parties CORAM: SHRI JUSTICE B. P. ROUTRAY ORDER 17.04.2026 Order No. 01. 1. Heard Mr. Patnaik, learned counsel for the Petitioner. 2. The Petitioner has prayed for premature release of the amount kept in fixed deposit vide Annexure-2 as per the direction passed in MAC Case No.16 of 2016 by the Court of learned 1st MACT, Jajpur. Total amount of Rs.8,00,000/- was kept in the fixed deposit for a period of 51 months from 1st December 2025 to 6th March 2030. 3. The Petitioner now wants withdrawal of aforesaid amount kept in the fixed deposit for paying educational fees in respect of his two daughters. The learned 1st MACT vide his order dated 26th November 2025 directed for release of an amount of Rs.3,00,000/- from total amount kept in fixed deposit. Being unsatisfied with the same, the Petitioner has approached this Court praying for complete withdrawal of aforesaid amount kept in the fixed deposit. 4. Perusal of the fee structure for studies of daughters of the Petitioner as per Annexure-3 series, no requirement is found for Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Apr-2026 14:39:32 Signature Not Verified p. 2 withdrawal of entire amount from the fixed deposit and the direction of the learned 1st MACT, Jajpur to release a sum of Rs.3,00,000/-, out of the total deposited amount, is found justified. 5. Accordingly, no merit is seen in the prayer of the petitioner to release the entire amount in his favour. 6. The writ petition is accordingly dismissed. ( B.P. Routray) Judge S.Das