Orissa High Court
WP(C)/17978/2026 of APARNA KUMARI KATHUA @ APORNA KATHUA Vs STATE OF ODISHA on 30 July 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 17978 OF 2026 CNR No. ODHC010388262026 Aparna Kumari Kathua @ Aparna Kathua …. Petitioner Mr. Brundaban Rout, Advocate -versus- State of Odisha and others …. Opp. Parties Mrs. Suman Pattanayak, AGA CORAM: JUSTICE KRUSHNA RAM
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 17978 OF 2026
CNR No. ODHC010388262026
Aparna Kumari Kathua @ Aparna
Kathua
….
Petitioner
Mr. Brundaban Rout, Advocate
-versus-
State of Odisha and others
….
Opp. Parties
Mrs. Suman Pattanayak, AGA
CORAM:
JUSTICE KRUSHNA RAM MOHAPATRA
JUSTICE MRUGANKA SEKHAR SAHOO
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ORDER
Order No. 30.07.2026
01.
1. This matter is taken up through hybrid mode.
2. Petitioner in this Writ Petition prays for the following relief:
“It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, allow the same, and after hearing both parties, issue writ in nature of mandamus/ certiorari or any other writ/writs why the order dated 23.05.2022 passed by the Opposite Party No.01 under Annexure-19 along with the notice issued under section 29 of SFC Act. under annexure 2 and sale deed no.158 dated 07.04.2011 under Annexure- 17 shall not be quashed and further pleased to passed appropriate direction to the corporation i.e. OSFC to redeem the mortgage for re-delivery of possession in favour of the petitioner.
If the opposite party failed to show cause or show insufficient case, make the rule absolute and necessary direction to be issued to the opposite parties immediately handover the balance land 1,500 sq. ft. which has illegally possessing excluding the sale has effected 9,000
sq. ft. at the time of seizure and return the amount of Rs. 15,87,55,159/- including the cost of the bench mark valuation of the property along with present market price and the invested amount of the petitioner along with the subsidy amount
And pass such other order/orders as would be deemed fit and proper;
And for this act of kindness, the petitioner as in duty bound shall ever pray.”
3. It is submitted by Mr. Rout, learned counsel for the Petitioner that the hotel of the Petitioner was sold in auction in exercise of power under Section 29 of the State Financial Corporation Act, 1951 (hereinafter called as the ‘Act’, in short). As the procedure enumerated under Section 29 of the Act was not followed, he had approached this Court earlier in W.P.(C) No.19582 of 2008, which was disposed of on 09.03.2022 as withdrawn with an observation that the Petitioner may approach the MS & ME Department, Government of Odisha for redressal of his grievances. Accordingly, the Petitioner approached the MS & ME Department by filing a representation, which was rejected vide order dated 23.05.2022 (Annexure-19). Assailing the same, this Writ Petition has been filed.
4. In course of hearing, Mr. Rout, learned counsel for the Petitioner prays for withdrawal of this Writ Petition by filing a memo to work out his remedy in accordance with law. The said memo is taken on record.
5. In view of the above, the Writ Petition is disposed of as withdrawn with an observation that the Petitioner, if so advised, may work out remedy, if any, available under law.
(K.R. Mohapatra)
Judge
(Mruganka Sekhar Sahoo)
Judge
Anisha Digitally Signed Signed by: ANISHA NANDA Designation: Jr. Stenographer Reason: Authentication Location: OHC, Cuttack Date: 30-Jul-2026 18:06:15 Signature Not Verified