M. M. DAS, J.

( 1 ) THE writ petitioner has assailed the auction notice published on 28-12-2003 by the Recovery Officer, Debt Recovery tribunal, Cuttack under Annexure-4 and the order dated 21-10-2003 under Annexure-5.

( 2 ) THE petitioner in the writ application has averred that he, as a Trustee entered into an agreement on 15-1-2001 for purchase of land with one Biswanath Chandak-O. P. No. 2 for which the said Opp. party accepting Rs. 1,00,000/- as advance out of the consideration money settled at rs. 7,00,000/- agreed to sell Plot No. 310/ 538 under Khata No. 38 measuring Ac. 1. 00 decimals situated in mouza Jamuna Naki in the district of Sundargarh to Shri ramakrishna Vivekananda Educational trust, represented by the petitioner and delivered possession of the said land to the petitioner. The petitioner alleges that the said agreement was executed by Shri Sajal kumar Roy, the power of Attorney holder of opp. party No. 2 who also has been paid the balance Rs. 6,00,000/- on 25-4-2001 by the petitioner. In spite of the said payment, the petitioner states that, Opp. Party no. 2 though agreed to pay the said amount to the Bank of India, Civil Township Branch, rourkela and get the p