Arun Kumar vs The State Of Bihar
2022 Latest Caselaw 1426 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.20899 of 2021
     ======================================================

1. Arun Kumar Son of Sri Ramroop Prasad @ Sri Ramrup Prasad Resident of Road No.14, House No. 58, Krishna Nagar, P.O.-Budha Colony, District- Patna.

2. Sibnderlla Himanshu, Wife of Arun Kumar Residento f Road No.14, House No. 58, Krishna Nagar, P.O.-Budha Colony, District-Patna.

... ... Petitioner/s

Versus

1. The State of Bihar through the Collector, Patna.

2. The Additional Collector, Patna.

3. The Sub-Divisional Officer, Patna Sadar, Patna.

4. The Circle Officer, Patna.

5. The Zonal Manager, Punjab National Bank, Zone-Patna, Bihar.

6. The Regional Manager, Punjab National Bank, Regional Office, Patna.

7. The Chief Manager-Cum-Authorized Officer, Punjab National Bank, Secured Creditor, Branch Office, Kurji, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Rakesh Kumar Shrivastava, Advocate For the Respondent/s : Mr.Ajay Kr. Rastogi, AAG-10 Ms. Smriti Singh, Advocate For PNB : Mr. Kumar Priya Ranjan, Standing Counsel Mr. Pallav, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 28-02-2022

Petitioner has prayed for the following relief(s):

"(i) For setting aside the entire proceeding under SARFAESI Act measures initiated u/s 13(2) of the SARFAESI Act, 2002, followed by measures under 13(4) of the Acts, with respect to Land & Patna High Court CWJC No.20899 of 2021 dt.28-02-2022

Building situated at Mohalla - Sri Krishna Nagar Housing Colony, Thana - Budha Colony, Sub, Sadar & District - Patna, Ward No. 4 (Old) 15(New), Circle No. 245, LIG Plot No. 58, Volume No. 101, Page No. 1 to 7, Area - 221052 ft. covered by Sale Deed No. 11353 dated 04.06.2017 pertaining to Smt. Sindrella Himanshu, Wife of Arun Kumar -

Bounded by North - LIG House No. LH/59 South - LIG House No. LH/57 East - 20 feet branch road West - Open space & LIG House No. LH/41.

(ii) For direction to respondents to do not take possession of the Land & Building described above.

(iii) For grant of other relief or reliefs upon which the petitioner is entitled to get relief on the basis of facts as well as law both.

It is stated that the Debt Recovery Tribunal, Patna

is not functional for want of appointment of its Presiding

Officer. It is under this circumstance that we are entertaining

this petition.

Shri Kumar Priya Ranjan, learned counsel for the

Bank, states that the property stands auction-sold, but

possession not handed over.

It is not in dispute that the petitioner has paid the Patna High Court CWJC No.20899 of 2021 dt.28-02-2022

entire outstanding amount of Rs. 52,32,000/-. Thus, the only

issue left is as to how best the charges for conducting the

auction are to be settled by the Bank.

For such purpose, as mutually agreed, we direct the

petitioner to approach Respondent No.7, namely The Chief

Manager-cum-Authorized Officer, Punjab National Bank,

Secured Creditor, Branch Office, Kurji, Patna, within two weeks

by filing a proper application. The bank shall take a decision on

the issue, more so in view of the circumstances narrated by the

petitioner in the writ petition prompting delay in repayment.

We are hopeful that the bank shall recompense the

auction-purchaser, but the property shall be handed over to the

petitioner, more so, in view of the fact that this is the only

residential house of the petitioner.

Needless to add, the amount payable for

undertaking the process of auction shall be paid by the

petitioner. It has also come on record that petitioner and his

entire family has been suffering from Covid-19.

Needless to add, while considering such request,

principles of natural justice shall be followed and due

opportunity of hearing afforded to the parties.

If aggrieved by the said order, the petitioner shall Patna High Court CWJC No.20899 of 2021 dt.28-02-2022

have liberty to approach this Court by way of separate

petition(s), if so required and desired.

Equally, liberty is reserved to the petitioner to take

recourse to such alternative remedies as are otherwise available

in accordance with law.

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.

Petition is disposed of in the aforesaid terms.

Interlocutory application(s), if any, shall also stand

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J)

K.C.Jha/-DKS AFR/NAFR CAV DATE Uploading Date 03.03.2022 Transmission Date