Patna High Court
Shiv Shankar Prasad vs Uttar Bihar Gramin Bank on 21 December, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19445 of 2021
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Shiv Shankar Prasad, Son of Late Bindeshwari Prasad, resident of Mohalla -
Amgola Parav Pokhar, Lane No. - 02, P.S. - KMP, District - Muzaffarpur,
presently residing at Mohalla - Shashtri Nagar, Jai Prakash Path, Lane No. -
06, Musahri, Ramna, Muzaffarpur - 842002.
... ... Petitioner/s
Versus
1. Uttar Bihar Gramin Bank through its Authorized Officer, Pakkisarai Branch,
Muzaffarpur, Bihar - 842001.
2. The Authorized Officer/Branch Manager, Uttar Bihar Gramin Bank,
Pakkisarai Branch, Muzaffarpur, Bihar - 842001.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajni Kant Singh, Advocate
Mr. Sameer Sawarn, Advocate
For the Respondent/s : Mr. Satyanand Sharma, Advocate
Mr. Shailendra Prasad, Advocate
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-12-2021
Heard learned counsel for the parties.
The petitioner has prayed for the following relief/s :-
Patna High Court CWJC No.19445 of 2021 dt.21-12-2021
The petitioner intends to enter into One Time
Settlement with the respondent Bank.
Learned counsel for the respondent bank submits that
the possession of the dwelling house shall be handed over to the
petitioner upon further payment of Rs.1,00,000/- (Rupees One
Lac), which the petitioner undertakes to deposit with the
respondent bank within a period of one week from today.
Statement accepted and taken on record.
As such, petition stands disposed of in the following
mutually agreeable terms:-
(a) The petitioner shall deposit a sum of ₹1 lac
within a period of one week from today with the respondent
Bank;
Patna High Court CWJC No.19445 of 2021 dt.21-12-2021
(b) This deposit shall be without prejudice to the
respective rights and contention of the parties;
(c) Petitioner shall file a representation before the
authority concerned for redressal of the grievance(s), after
making deposit of ₹1 lac within a period of one week from
today;
(d) The authority concerned shall consider and
dispose it of expeditiously, by a reasoned and speaking order
preferably within a period of one month from the date of its
filing along with a copy of this order and till then no coercive
steps shall be taken against the petitioner;
(e) Needless to add, while considering such
representation, principles of natural justice shall be followed
and due opportunity of hearing afforded to the parties;
(f) Equally, liberty is reserved to the petitioner to take
recourse to such alternative remedies as are otherwise available
in accordance with law;
(g) We are hopeful that as and when petitioner takes
recourse to such remedies, as are otherwise available in law,
before the appropriate forum, the same shall be dealt with, in
accordance with law and with reasonable dispatch;
(h) Liberty reserved to the petitioner to approach the
Patna High Court CWJC No.19445 of 2021 dt.21-12-2021
Court, if the need so rises subsequently on the same and
subsequent cause of action; and
(i) We have not expressed any opinion on merits. All
issues are left open;
The petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, stands disposed
of.
(Sanjay Karol, CJ)
( S. Kumar, J)
Ashwini/Sujit
AFR/NAFR
CAV DATE
Uploading Date 22.12.2021
Transmission Date
