Patna High Court
Laxmi Agro Wormi Compost vs The State Of Bihar on 9 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4235 of 2022
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Laxmi Agro Wormi Compost though its Proprietor Manoj Kumar, Son of
Nageshwer Singh, Gender- Male, Aged about 46 years, resident of village -
Sethna, P.O. Salaunja, P.S. - Halsi, District - Lakhisarai, Pin - 811311.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Disasters
Management, Government of Bihar, Patna.
2. The Principal Secretary, Department of Agriculture, Government of Bihar,
Patna.
3. The Joint Director (Chemistry), Quality Control, Department of Agriculture,
Government of Bihar, Patna.
4. The Collector-Cum-District Magistrate Muzaffarpur.
5. The Sub Divisional Officer, Lakhisarai.
6. The Circle Officer, Halsi, Lakhisarai.
7. Dakshin Bihar Gramin Bank through its Authorized Officer, Head Office
Shri Vishnu Commercial Complex, NH 30, New Bypass, Near BP Highway
Service Petrol Pump, Ahochak, Patna - 800016.
8. Regional Manager, Dakshin Bihar Gramin Bank, Regional Office, Station
Road, Opposite Genx Brij Hotel Near Jhajha Bus Stand Road, Jamui-
811307.
9. Branch Manager, Dakshin Bihar Gramin Bank, Lakhisarai.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar, Adv
For the Respondent/s : Mr.Dhurjati Kr. Prasad (GP14)
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 09-05-2022
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
(i) For the issuance of writ in the nature of writ or
certiorari for setting aside the entire SARFAESI measures
initiated U/s 13(2) of SARFAESI ACT, 2002, followed by
measures under 13(4) of the Act, as the secured creditor
Patna High Court CWJC No.4235 of 2022 dt.09-05-2022
itself is at fault by not insuring the movable and immovable
property of the petitioner from the damage caused by the
natural calamity and consequently, he could not get the
damage to restart his business.
(ii) For issuance of a writ in the nature of writ of
certiorari for setting aside the sale notice dated 15.02.2022
whereby the borrower in particular and the public in general
has been informed that the property of Mauza-Sethna, Tauzi
No. 8217, Than No. 196 pertaining to Khata No. 222, Khesra
No. 413, 418 & 430 Area-36 dec. Khatan No. 265, Khesra
No. 195, Area-56 Dec., Khata No. 266, Khesra No. 195,
Area-72 Dec, and Khata No. 266, Khesra No 193, Area-1.1/3
Dec. of Dist Lakhisarai will be sold by public auction at
11:00 AM on 04.03.2022 (Friday).
(iii) For staying entire SARFAESI proceeding
initiated by the respondent Bank till outcome of the Appeal
No. SA.... Of/2022 filed before Debt Recovery Tribunal
(DRT), Patna, which is pending for adjudication and further
be pleased to forbear the respondent Bank from interfering
with the possession of the petitioner's immovable property."
In view of the fact that Debts Recovery Tribunal is now
functional, learned counsel for the petitioner, under instructions,
seeks permission to withdraw the present petition with liberty to
take recourse to such other appropriate remedies, as are
otherwise available, in accordance with law.
Permission granted.
As and when any such request is made by the petitioner
before the Tribunal, the same shall be considered and decided
expeditiously.
Since petitioner has been pursuing the remedies before
this court, the question of limitation shall not come in the way
moreso in view of the current pandemic COVID-19.
Patna High Court CWJC No.4235 of 2022 dt.09-05-2022
The petition stands disposed of as withdrawn with the
liberty aforesaid.
Interlocutory application(s), if any, shall also stand
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date
Transmission Date NA
