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2010 Supreme(Ori) 231

A.S.NAIDU, B.N.MAHAPATRA
Kartika Kisan – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioners:M/s. R. P. Mohapatra and D. Mohapa¬tra
For Opp.Parties:M/s. Jitamitra Mohanty, A. K. Panigrahi and A. N. Upadhaya (O.Ps.3 & 4)
M/s. P. K. Rath, R. C. Jena, P. K. Satpathy, R. N. Parija and A. K. Rout (O.P. No.5)

JUDGMENT

B.N. MAHAPATRA, J. — This writ petition has been filed with a prayer for quashing the order of confirmation of sale (Annexure-2), passed by the Principal Officer of the Co-operative Department in the district of Sambalpur and ARCS, Sambalpur Circle, under Section 103 (4) Schedule-1 of Orissa Co-operative Societies Act, 1962 (Orissa Act II of 1963) (in short, the ‘O.C.S. Act’) in E.P. No.674/1999-2000 and the entire proceedings taken by the opposite parties in connection with the said order.

2. The facts and circumstances giving rise to the present writ petition are that opposite party No.6, Munikisan, had availed a loan of Rs.50,000/- from the O.P.-Bank to install a Flour Mill. The petitioners stood guarantors by mortgaging their properties described in the R.O.R. under Annexure-1. Opposite Party No.6 could not repay the said loan as per the terms of the loan agreement. As the opposite party No.6 defaulted to pay back the loan amount, opposite party No.3, Asst. Registrar, Co-operative Societies, Sambalpur Circle, sold the property in favour of opposite party No.5, Narayan Mohapatra, in public auction held on 29.6.2001 against an amount of Rs.90,500/-. Consequently, the Pri
















































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