SURYAMANI SAHOO Vs. CANARA BANK

JUDGEMENT

(1.) The auction purchaser of a mortgaged property of the erstwhile borrower, in whose favour a Sale Certificate has been issued on 21/2/2022 upon deposit of the entire sale consideration, is primarily aggrieved by the inaction of DCP, Bhubaneswar/Opposite Party No.4 and Inspector In-Charge, Nayapalli, Bhubaneswar/Opposite Party No.5 in implementing the order dtd. 16/3/2022 (Annexure-2) passed by the District Magistrate and Collector, Khordha on an application moved under Sec. 14 of the SARFAESI Act, 2002 by the Bank, whereby official assistance was to be provided for taking over actual physical possession of the said mortgaged property so as to facilitate the further handing over the possession to the petitioner, being the successful auction purchaser.

(2.) At the time of hearing, Mr. Mohanty, learned Additional Standing Counsel placed a letter dtd. 6/12/2022 issued by the Office of Inspector In-Charge, Nayapalli, Bhubaneswar/Opposite Party No.5 indicating that the actual physical possession has been handed over to the Bank on 5/12/2022, thereby rendering the present Writ Petition as infructuous. Copy of the said letter is retained on record.

(3.) In view of the aforesaid development, Mr. Nayak, learned counsel for the petitioner concedes that nothing more survives for adjudication in the present Writ Petition.