Orissa High Court
WP(C)/19286/2026 of KALPANA MOHANTY Vs CHIEF MANAGER CUM AUTHRISED OFFICER, BANK OF INDIA, KHORDHA on 2 July 2026
HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19286 of 2026 Kalpana Mohanty and Others …. Petitioners Mr. Ajit Kumar Mohanty -versus- Chief Manager-cum-Authorized Officer, Bank of India, Bhubaneswar Zonal Office, BBSR and another …. Opp. Parties Mr. Manoj Kumar Mishra, Advocate For the
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.19286 of 2026
Kalpana Mohanty and Others
….
Petitioners
Mr. Ajit Kumar Mohanty
-versus-
Chief Manager-cum-Authorized
Officer, Bank of India,
Bhubaneswar Zonal Office, BBSR
and another
….
Opp. Parties
Mr. Manoj Kumar Mishra, Advocate
For the Bank
CORAM:
JUSTICE KRISHNA S. DIXIT
JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
02.07.2026
02. Petitioners’ prayer reads as under:
“It is therefore, humbly prayed that this Hon ble Court shall graciously be pleased to admit this writ application and issue a Rule Nisi calling upon the Opposite Parties to show cause as to why the E-auction notice under annexure-11 shall not be quashed and as to why the application for One Time Settlement shall not be considered and reasonable time shall not be allowed to the petitioners to repay the loan to save their only residential house and if the Opp. Parties fails show cause or show insufficient the said Rule Nisi be made absolute and necessary direction be issued to the Bank to consider the application made by the petitioners for OTS and allow some reasonable time to repay the loan .
And any other writ/writs, direction/directions, order/orders be issued providing complete relief to the petitioner.”
2. We have issued emergent notice on 30.06.2026 and on service of same, the Bank has entered appearance through his Panel Counsel, who vehemently opposes the petition contending that the possession of the property has been taken in due course and therefore, whatever hardships the borrowers are to put, cannot be taken cognizance of in the face of law. At this stage, learned counsel for the Petitioners submits that if a short accommodation is given for staying in the said house by way of permissive occupation as distinguished from legal possession, justice would be meted out to his clients, who would look for alternate accommodation in the meanwhile. There is sense of law, logic and reason in the submission, which is very innocuous, inasmuch as the possession of the property in law and fact would remain with the Bank itself, notwithstanding permissive occupation to be given to the Petitioner-borrowers.
3. In the above circumstances, this Petition is disposed off directing the Bank to grant permissive occupation of the security property to the Petitioners for an outer limit of two and half months. The Petitioners shall peaceably and voluntarily quit the occupation yielding actual possession to the Bank without creating any hurdle nor cause any damage to the property in question.
It is open to Opposite Party-Bank to supervise the property even during the occupation by the Petitioners. The Petitioners shall not make any prayer for extension of the period that would not come in the way of the Bank conducting valuation and other process in accordance with law.
We make it very clear that what is being mortgaged is only the immovable property. It is open to the Petitioners to take movable articles and uncharged things when quitting the property in question. This order will not come in the way of the Bank sympathetically considering the Petitioners’ application for OTS in accordance with extant RBI guidelines. In the event the Petitioners fail to quit the premises immediately after the expiry of the period above specified, the jurisdictional Police shall arrest and detain them to ensure the possession being delivered back to the Bank, upon a copy of this order being produced.
(Krishna S. Dixit)
Judge
(Chittaranjan Dash) Judge
AK Pradhan/Priyanka Digitally Signed Signed by: PRIYANKA BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2026 17:05:14 Signature Not Verified