Patna High Court
Vijay Kumar Pandey @ Bijay Yadav vs Union Of India on 16 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20039 of 2021
======================================================
Vijay Kumar Pandey @ Bijay Yadav, S/o Late Brijnandan Prasad Shashtri,
Resident of Pyarelal Ka Bagh, P.S. - Alamganj, District - Patna.
... ... Petitioner/s
Versus
1. Union of India, through Principal Secretary, Ministry of Finance.
2. The Bank of Baroda, through its Chairman and Managing Director, At -
Baroda Bhavan, R.C. Dutt Road, Alkapuri, Baroda-390007, Corporate
Office at - Baroda Corporate Centre, Plot No. C-26, Block G, Bandra Kurla
Complex, Bandra (East), Mumbai 400051.
3. The General Manager Cum Zonal Head of Bihar, Bank of Baroda, 5th Floor,
Anand Vihar, West Boring Canal Road, Patna - 800001.
4. The Authorized Officer Cum Chief Manager, Bank of Baroda, Gayaghat
Branch, Babua Ganj, Patna City.
5. The Senior Branch Manager, Bank of Baroda, Gayaghat Branch, Babua
Ganj, Patna City.
6. The Branch Manager, Bank of Baroda, Gayaghat Branch, Babua Ganj, Patna
City.
7. Tarkeshwar Nath, Son of Late Tilakdhari Prasad, Resident of Chaulital, P.S.
- Alamganj, District - Patna.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nishant Kumar, Advocate
For the Respondent/s : Mr.Dr. K. N. Singh ( Asg )
Mr. Vivek Prasad, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 16-12-2021
Heard learned counsel for the parties.
Petitioner has prayed for following relief:-
"For issuance of a writ in the nature
of writ of certiorari, or any other appropriate writ,
order or directions for quashing the sale auction
Notice dated 18.11.2021 (received by the
petitioner on 22.11.2021), issued by the
Patna High Court CWJC No.20039 of 2021 dt.16-12-2021
respondent no.4, Authorized officer, Bank of
Baroda, whereby and wherein the e-auction
Notice for sale of property of the petitioner on
08.12.2021, has been issued on "as is where is",
"as is what is", and "whatever there is" basis, in
relation to the property being part and parcel of
land and pucca constructed house thereupon,
bearing khata number 725, plot number 1381,
measuring area 4 kathha, holding number 228,
circle number 71, ward number 18/24, Tauzi
number 303, Thana number 11, situated at
Mauza- Sandalpur, Mohalla- Pyarelal Ka bag,
Police Station - Alamganj, District- Patna, and a
pucca constructed dwelling house erected
thereupon. (hereinafter may kindly be referred as
Subject property). The petitioner further prays as
a consequential relief, for quashing of entire
SARFAESI proceedings as against the petitioner.
The petitioner further prays for issuance
of a writ, order or direction, in the nature of writ
of mandamus, commanding the respondents,
specifically to the respondent no.2 to 6 to refrain
from taking any adverse action under the notice
dated 18.11.2021, and to maintain the status quo,
as against the petitioner, till resumption of learned
DRT, Patna and till final outcome of the
SARFAESI Appeal No.67/2020, pending before
the learned DRT, Patna, filed by the petitioner.
Dr. K. N. Singh, learned Additional Solicitor
Patna High Court CWJC No.20039 of 2021 dt.16-12-2021
General, invites our attention to the notification dated 13th of
December, 2021, whereby Presiding Officer, Debt Recovery
Tribunal, Ranchi has been given charge of Debt Recovery
Tribunal, Patna and now the Tribunal is functional.
In this view of the matter, petitioner states that he
shall immediately move an appropriate application before the
Tribunal.
We direct status quo to be maintained for two
weeks by the parties.
Thereafter, interim order shall stand automatically
vacated.
With aforesaid observation, the writ petition stands
disposed of.
Interlocutory application, if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Sanjay/-Ranjan
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 17.12.2021
Transmission Date NA
