JUSTICE JASWANT SINGH
In this case, the two petitioners Mira Agrawalla and Subham Mishra claimed to be the legal heirs of late Siba Prasad Mishra. The deceased had participated in an auction sale conducted by the Recovery Officer, DRT. Since late Siba Prasad Mishra was declared the highest bidder, a sale certificate was issued in his favour on 8th November, 2007. The Petitioners, hence, filed the writ petition seeking a direction to the Recovery Officer, DRT, Cuttack to modify the sale certificate of 8th November, 2007 by substituting the Petitioners as legal heirs, or in the alternative, issue necessary instructions for execution of the sale deed in their favour.
After hearing the petitioners at length, the Court found no grounds to invoke its writ jurisdiction under Article 226 of the Constitution of India noting that it was not disputed that the petitioners had already filed an appeal before DRT, Cuttack, seeking modification of the sale certificate issued in favour of their father- late Siba Prasad Mishra, but that they were only approaching this Court on the ground that the Presiding Officer of the DRT was not available. In light of the above, the Court found the writ petition to be devoid of any merits and accordingly dismissed the same.