Smt. Durga Devi vs The State Of Bihar And Ors
2023 Latest Caselaw 298 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.8525 of 2018
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Smt. Durga Devi wife of Jitendra Kumar Gupta, resident of Village and P.O.- Katra Kala, P.S.- Mohania, District- Kaimur.

... ... Petitioner/s Versus

1. The State Of Bihar

2. The Punjab National Bank through its Zonal Manager, Zonal Office at Patna.

3. The Punjab National Bank having its Office at Branch Officer, Gorsara, Dis-

trict- Ramgarh Kaimur.

4. The Branch Manager, The Punjab National Bank having office at Branch Gorsara, District- Ramgarh Kai

5. The Chief Manager cum Authorized Officer, The Punjab National Bank hav-

ing office at Branch Office

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

For the Petitioner/s : Mr. Sumeet Kumar Singh, Advocate For the Respondent/s : Mr. Anil Kr. Singh- Gp26 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 23-01-2023 The petitioner has prayed for the following relief(s):-

"I. For the issuance of the appropriate writ, order(s) or direction(s) in the nature of Certiorari to quash the Pos- session Notice dated 14.02.2018 issued by the Autho- rized Officer, Punjab National Bank on the ground that the same is bad in the eye of law as it is been issued without the proper appreciation of the grievances as raised by the petitioner under section 13(3-A) of the SARFAESI Act, 2002.

II. For the issuance of the appropriate writ, order(s) or direction(s) in the nature of Certiorari to quash the ad-

Patna High Court CWJC No.8525 of 2018 dt.23-01-2023

vertisement published in the local daily namely Prabhat Khabar dated 16.03.2018 in respect to the mortgaged property of the petitioner described as "Land and Building situated at Mauza- Lakhanpatti, Thana No.- 407, Khata No. Chak-42/survey- 36, 37, Plot no.- 214/418, 419, 272, 275- Chak /Survey, Area-10.0 deci- mal", which had been advertised at Sl. No.-3 of the in- stant advertisement for E-auction and the date of E- auction had been fixed on 18.04.2018 at 12:00 to 12:30 PM; on the ground that the mandatory statutory re- quirements of the provisions of the SARFAESI Act, 2002 and the subsequent Security Interest Enforcement Rules, 2002 had not been with.

III. For the issuance of the appropriate writ, order(s) or direction(s) in the nature of Mandamus to direct the re- spondent authority to not to proceed with the instant E- auction dated 18.04.2018 at 12:00 to 12:30 PM on the ground that the subsidy amount is to be adjusted with the instant loan amount.

IV. For the issuance of the appropriate writ, order(s) or direction(s) in the nature of the Mandamus to direct the respondent authority to not proceed with the E-auction dated 18.04.2018 at 12:00 to 12:30 PM. with respect to the Scheduled property as mortgaged by the petitioner on the ground that the respondent authority had not ap- preciated the fact that theinstant loan had been availed by the petitioner on the basis of the scheme of the Gov- ernment of India vide Gramin Yojna Scheme and the subsidy amount had not been paid to the petitioner in compliance of the stated scheme.

V. And for the issuance of any other relief(s) for which the petitioner is entitled to in the facts and circum-

Patna High Court CWJC No.8525 of 2018 dt.23-01-2023

stances of the present case."

In our considered view, the issues raised by the

present petitioner, be it of infraction of law, including directions

issued by Hon'ble the Supreme Court in Vasu P. Shetty Vs. M/s

Hotel Vandana Palace & Ors., (2014) 5 SCC 660, can be

raised before the Debt Recovery Tribunal, Patna, where undis-

putedly, proceedings covering the very same subject matter, are

pending.

O.A. No. 224 of 2020, titled as Bank of Baroda Vs.

M/s Shree Krishna Mill & Ors. is pending and the petitioner has

not joined the proceedings.

Under these circumstances, we direct the petitioner to

raise all these issues, subject matter of the present petition, in

the O.A. (supra).

It is alleged that the petitioner's property stands un-

dersold, that too in violation of the conditions which are manda-

tory in nature.

In the attending circumstances, we request the Debt

Recovery Tribunal, Patna to decide the application, including

the claims which the petitioner may be setting up, expeditiously

and preferably within a period of six months from the date of

appearance along with a copy of this order.

Patna High Court CWJC No.8525 of 2018 dt.23-01-2023

Petitioner is also at liberty to initiate appropriate pro-

ceedings, in accordance with law.

The instant petition stands disposed of in the aforesaid

terms.

Interlocutory Application(s), if any, shall stand dis- posed of.

(Sanjay Karol, CJ)

( Partha Sarthy, J) Bibhash/Sujit AFR/NAFR CAV DATE Uploading Date 25.1.2023 Transmission Date