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Judgment
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner as well as learned Addl. Government Advocate for the State of Odisha.
This Writ Petition has been filed by the petitioner- auction purchaser with a prayer to direct the opposite party no.1-Collector –cum- District Magistrate, Balasore to pass necessary order for handing over the possession of the scheduled property purchased by the petitioner within a stipulated period in accordance with section 14(1) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter the ‘SARFAESI Act’).
During course of argument, learned counsel for the State has brought to the notice of this Court that relating to the self-same property, one Sk. Hamid has filed a writ application before this Court in W.P.(C) No.13520 of 2022 which was disposed of on 27.05.2022.
Learned counsel for the petitioner has produced a letter dated 07.06.2022 of the Chief Manager, Authorised Officer of the UCO Bank address to the petitioner regarding handing over possession of the land purchased in auction from UCO Bank wherein it is mentioned that the formalities for handing over of possession can only be taken after receiving the DM permission so that they can move ahead with the proceedings and handover the property to him.
Learned counsel for the petitioner drew attention of this Court that he has submitted a representation on 02.06.2022 before the Authorised Officer, UCO Bank, Balasore, but no decision has yet been taken on the same and the said representation may be considered in accordance with law after giving an opportunity of hearing to the petitioner.
Considering the submissions made by the learned counsel for the respective parties and without going into the merits of the case particularly in view of the letter issued by the Chief Manager, Authorised Officer, UCO Bank dated 07.06.2022 to the petitioner, this writ petition is disposed of directing the opposite party no.2 to take a decision on the representation of the petitioner dated 02.06.2022 within a period of four weeks from today after giving an opportunity of hearing to the petitioner and all concerned and communicate the result of such exercise to the petitioner. The opposite party no.2 shall act on production of a certified copy of this order along with a copy of the writ petition.
Urgent certified copy of this order be granted on proper application.
A free copy of this order be handed over to the learned counsel for the State.
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