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2028 DAILYLAW 3 (ORI)

SOUDAMINI NAYAK v. STATE OF ODISHA

WP(C)/2028/2026 · 2026-01-28

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2028

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2028 of 2026 Mrs. Soudamini Nayak …. Petitioner Mr. B.K. Behera(1), Advocate -versus- State of Odisha & Others …. Opp. Parties Mrs. S. Pattanayak, AGA CORAM: JUSTICE DIXIT KRISHNA SHRIPAD JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 28.01.2026 Petition prayer reads as under: “Under the afore stated circumstances more fully narrated here In above the petitioner most humbly prays that this Hon'ble Court may graciously be pleased to allow the writ application, issue rule of NISI calling upon the 0pp. party to show cause:- A. As to why the impugned order dated 05.02.2024 passed by the Collector & District Magistrate, Balasore, opp. party no. 3, under Annexure-5, shall not be quashed, and, B. As to why the Impugned public notice dated 19.06.2025 issued by the opp. party Bank and taking over possession under Annexure-7 as well as the notice dated 08.10.2025 to auction for sale of the residential building of the petitioner under Annexure- 10, shall not be quashed, and C. As to why the Opp. Parties more particularly Opp. Party Co operative Bank to allow the petitioner to stay in her house with her family members to save her life and property which were laying outside the house by opening the lock of the building, and further been direct to regularize the loan account by paying the EMI dues. In pursuant to the house building loan account no. 001023000192 under Annexure- 1, and, D. And as to pass such other order or orders, direction/directions as this Hon'ble Court deems fit and proper. And on their failure to show cause or showing In sufficient cause, this Hon'ble Court be pleased to make the said RULE absolute by way of issuance of appropriate writ or writs, order or orders In the facts and circumstances of the present case. And for this act of your lordships kindness the petitioner as in duty bound shall ever pray.” 2. Obviously, the adjudication of the facts pleaded would require a deep trial, which a Writ Court cannot undertake. We are told at the Bar that the Petitioner has already filed S.A. No.123 of 2025, which is pending on the file of DRT, Cuttack. The contentions that the Petitioner has taken in the petition can be urged in the S.A. as well. With the above observations, writ petition is disposed off, requesting the DRT to hear and dispose off the subject S.A. preferably within an outer limit of six months. All contentions are kept open. Registry to send a copy of this order to the OPs, since this order is made at the admission stage. It is open to the OPs to seek recall of this order, in the event grounds do exist therefor. Web copy of this order to be acted upon by all concerned. (Dixit Krishna Shripad) Judge (Chittaranjan Dash) Judge Madhusmita Designation: Jr. Stenographer