Authority: High Court of Odisha at Cuttack
Order Date: 14.10.2026
Case Overview
- Petitioners: Sri Nirakar Behera and others (W.P.(C) No.31151 of 2026).
- Opposite Parties: The Collector and District Magistrate, Cuttack and others, including Opposite Party No.4 (Bank).
- Counsel for petitioners: Senior Advocate Bibekananda Bhuyan and G.B. Dash.
- Counsel for opposite parties: Additional Government Advocate G. Tripathy (Opposite Parties No.1‑3), Advocate S. Sourav (Opposite Party No.4), Advocate Deepak Kumar Raj (Opposite Parties No.5‑6).
- The bank (Opposite Party No.4) indicated readiness to withdraw the SARFAESI proceeding currently initiated against the petitioners, with liberty to commence fresh proceedings under the SARFAESI Act.
- The court noted this submission and proceeded to dispose of the writ petition, setting aside the impugned order referenced in Annexure‑15.
Final Outcome
- The writ petition is dismissed; the impugned order at Annexure‑15 is set aside.
- Opposite Party No.4 (Bank) is expressly permitted to initiate a fresh SARFAESI proceeding in accordance with law.
Topics: SARFAESI Act, Banking Litigation