Surendra Chaudhari vs The State Of Bihar
2023 Latest Caselaw 5198 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.10692 of 2023
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Surendra Chaudhari, S/o Phoujdar Chaudhari, R/o Village-Van Nokha Raghunathpur Yadu Tola, P.S.-Nokha, District-Rohtas.

... ... Petitioner/s Versus

1. The State of Bihar through the District Magistrate, Rohtas.

2. The District Magistrate, Rohtas.

3. The Circle Officer, Nokha, District-Rohtas.

4. The Bank of India through the General Manager, having its Office at Chankya Place, Virchand Patel Path Patna.

5. The Chief Manager, Asset Recovery Department, Bank of India, Chankya Place Virchand Patel Path Patna.

6. The Authorised Officer, Bank of India, Chankya Place Virchand Patel Path Patna.

7. The Branch Manager, Bank of India, Van Nokha, District-Rohtas.

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

For the Petitioner/s : Mr.Binod Murari Mishra, Advocate For the State : Mr. Kumar Samarjeet Singh, AC to SC 21 For the Bank Mr. Satya Ranjan Singha, Advocate Ms. Seema Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 09-10-2023

Heard the parties.

2. The present writ petition has been filed for the

following reliefs:-

"For direction to the respondent concerned to release the goods (Straw, Bhusa) of the petitioner which is lying in the permises of M/S Mahajan Rice Mill Private Limited, Nokha, Disdtrict Rohtas which has been seized under the SARFEAI Act by the respondent Bank".

3. The learned counsel for the petitioner has stated that Patna High Court CWJC No.10692 of 2023 dt.09-10-2023

petitioner is only lease holder and has nothing to do with the loans

obtained by the lessor, therefore, the Respondent-Bank may be

directed to consider the representation made by him and pass

necessary orders.

4. Having regard to the same, without going into the

merits or demerits of the case, this Court is of the opinion that the

ends of justice would be met if the petitioner is directed to make a

representation to the Respondents-Bank for release of the Straw

(Bhusha) which is lying in the godown seized by the Bank.

4. The present writ petition is disposed of granting liberty

to the petitioner to make a representation to the Respondents-Bank

within a period of two weeks from today. On such representation

being made, the same shall be considered on its own merits and

necessary orders shall be passed within a period of two weeks

thereof.

5. With the above direction, the present writ petition

stands disposed off.

Bhardwaj/-                                                    (A. Abhishek Reddy , J)
AFR/NAFR
CAV DATE
Uploading Date          12.10.2023
Transmission Date