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2026 DAILYLAW 7480 (ORI)

SUBHASINI JENA v. DISTRICT MAGISTRATE CUM COLLECTOR, CUTTACK

WP(C)/12127/2026 · 2026-04-23

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.12127 of 2026 Subhasini Jena …. Petitioner Mr. S.J. Biswal, Advocate -Versus- District Magistrate-cum-Collector, Cuttack and others …. Opposite Parties Mr. Ramachandra Panigrahy, Advocate for Bank CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 23.04.2026 Petitioner-Borrower has coined the prayer in the petition as under: “In view of the facts and circumstances mentioned above, this Hon'ble Court may graciously be please to issue rule nisi thereby calling upon the Opposite Parties to show- cause as to why appropriate writ(s) shall not be issued to: a) quash the entire proceedings in Bank Misc. Case No. 12 of 2026 pending before the Court of learned D.M.-cum Collector for the said proceedings being void ab initio, without jurisdiction b) Or in the alternative, to forthwith take up and dispose of the Mediation/Settlement Petition dated 08.04.2026 (Annexure-8) filed by the Petitioner in Bank Misc. Case No. 12 of 2026, by directing both parties i.e., the Petitioner and the Opposite Party Bank, to appear before the learned D.M.-cum-Collector and explore in good faith the scope for an amicable settlement; p. 2 And if the Opp. Parties fail to show-cause or show insufficient cause, make the said Rule absolute;” 2. Regardless of what has been prayed for and also disregarding the pendency of SA and also earlier orders of the Court, Counsel for the Petitioner submits that his client shall credit to the home loan account a sum of Rs.50,00,000/- (Rupees Fifty Lakh only) in two weekly equalized installments, i.e., 25,00,000/- (Rupees Twenty-Five Lakh only) each and would make a representation to the Bank for consideration of the proposal for granting installments for clearing all outstanding loans in respect of two accounts. 3. Learned Panel Counsel appearing for the OP-Bank although initially opposed the petition, now agrees with the suggestion of the Court that request of the Petitioner be considered should he keep the words given to Court, keeping in view the extant RBI guidelines. He caveats that all contentions of the parties be kept open for consideration. In the above circumstances and with the above observations, Petition is disposed off making it clear that should there be a defect, the Bank can proceed with the coercive actions. Till then, it hardly needs to be stated that no precipitatory action shall be taken in the matter. Web copy of order to be acted upon by all concerned. (Krishna S. Dixit) Judge ( Chittaranjan Dash ) Judge Anisha Designation: Jr. Stenographer