Patna High Court
Smt. Vishnu Devi vs Uco Bank, Zonal Office Through Branch ... on 4 February, 2025
Author: P. B. Bajanthri
Bench: P. B. Bajanthri, Sunil Dutta Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1110 of 2019
In
Civil Writ Jurisdiction Case No.17764 of 2016
======================================================
Smt. Vishnu Devi, W/o Mr. Deo Krishan Pd. Yadav, R/o New Ganga Nagar,
P.S.- Kewati, Distt- Darbhanga.
... ... Appellant/s
Versus
1. UCO Bank, Zonal Office through Branch Manager, Maurya Lok Complex,
4th Floor, Block-A, New Dak Bunglow Road, Patna- 800001.
2. The Union of India through Recovery Officer-I, Debt Recovery Tribunal,
Patna.
3. Smt. Banita Jha W/o Ganga Prasad Jha, R/o 28, Lahta Tumaul Suhat,
Anchal- Allnagar, District- Darbhanga- 847423.
4. Ganga Prasad Jha, S/o Buchai Jha, R/o- 28, Lahta, Tumaul Suhat, Anchal-
Allnagar, District- Darbhanga- 847423.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 1141 of 2019
In
Civil Writ Jurisdiction Case No.4506 of 2017
======================================================
Smt. Vishnu Devi, W/o Mr. Deo Krishan Pd. Yadav, R/o New Ganga Nagar,
P.S. Kewati, Distt. Darbhanga.
... ... Appellant/s
Versus
1. State of Bihar, through Secretary Department of Personnel and
Administration, Govt. of Bihar, Patna.
2. State of Bihar through District Magistrate, Darbhanga, Distt. Darbhanga,
Bihar.
3. UCO Bank, through Deputy Zonal Head, Zonal Office, Mauryalok
Complex, 4th Floor, Block- A, New Dak Bunglow Road, Patna.
4. Smt. Banita Jha, W/o Ganga Prasad Jha, Resident of Village- Tarnaul,
Alinagar, District- Darbhanga.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 1110 of 2019)
For the Appellant/s : Mr. Arbind Kumar Jha, Advocate
For the UCO Bank : Mr. Ranjeet Kumar Pandey, Advocate
(In Letters Patent Appeal No. 1141 of 2019)
For the Appellant/s : Mr. Arbind Kumar Jha, Advocate
For the State : Mr. Suraj Kumar Sharma, AC to AAG-3
For the Bank : Mr. Ranjeet Kr. Pandey, Advocate
For Respondent No. 4 : Mr. Sanjay Kumar, Advocate
Mr. Pankaj Kumar Jha, Advocate
======================================================
Patna High Court L.P.A No.1110 of 2019 dt.04-02-2025
2/6
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
Date : 04-02-2025
Heard learned counsels for the parties.
2. In the Instant Letters Patent Appeals, appellant has
assailed the order of the learned Single Judge dated 06.08.2019
passed in C.W.J.C. No. 17764 of 2016 connected with C.W.J.C.
No. 4506 of 2017. Appellant- Smt. Vishnu Devi is a Guarantor to
M/s Maurya Dhawaz Agrotech Pvt. Ltd. As a Guarantor she has
created equitable mortgage of land and building standing in her
name. M/s Maurya Dhawaz Agrotech Pvt. Ltd. (For short "Ltd.
Company") borrowed a term loan of Rs. 133 lakhs and CC limit
Rs. 18 lakhs was sanctioned on 16.11.2005. Thereafter, term
loan was enhanced to Rs. 161.50 lakhs and C.C. limit was
enhanced to Rs. 110 lakhs on 20th February, 2008. Due to default
in repayment, account was declared as NPA. Respondent- UCO
Bank (For short "Bank") preferred O.A. No. 258 of 2011 under
Section 19 of the Recovery of Debts and Bankruptcy Act,1993
for recovery of Rs. 3,21,29,564/- as on 30 th October, 2011 along
with further pendentelite and future interest at the contractual
rate from 01.11.2011 till full and final realization of the actual
payment. O.A. No. 258 of 2011 was allowed on 27.08.2012,
Patna High Court L.P.A No.1110 of 2019 dt.04-02-2025
thereafter Bank preferred R.P. No. 273/2012 before the D.R.T.,
Patna in which also appellant suffered an order on 01.06.2016.
In the guise of implementation of the order dated 01.06.2016,
R.P. No. 273 of 2012, District Magistrate, Darbhanga proceeded
to provide assistance insofar as handing over the possession of
the subject land. In this regard he has appointed Circle Officer.
Possession was taken over by the Bank on 08.04.2017.
Appellant has suppressed insofar as taking over the possession
of the subject land, resultantly, he had interim order benefit
before the learned Single Judge on 21.04.2017 with certain
conditions. The same was subsequently noticed by the learned
Single Judge and proceeded to modify that order on 02.04.2019
while taking note of the fact of possession of subject land. In
this backdrop, appellant assailed the order of the District
Magistrate in writ petition to the extent that it is not in
accordance with law. Learned Single Judge rejected the
appellant's writ petition vide C.W.J.C. No. 17764 of 2016
connected with C.W.J.C. No. 4506 of 2017. Hence, the present
L.P.A.
3. Learned counsel for the appellant vehemently
contended that District Magistrate has issued a notice on 20 th
September, 2016 for appearance and it is without authority of
Patna High Court L.P.A No.1110 of 2019 dt.04-02-2025
law and it has to be set aside. The same has not been appreciated
by the learned Single Judge. Except this contention, none other
contentions have been urged by the appellant's counsel in the
present L.P.A.
4. Perusal of the various proceedings like O.A. No.
258 of 2011 decided on 27.08.2012 read with R.P. No. 273 of
2012 dated 01.06.2016 and consequential action taken by the
District Magistrate, Darbhanga it appears that prima facie,
District Magistrate has not committed any error. On the other
hand, he has only executed the order of the recovery
proceedings dated 01.06.2016. It is necessary to re-produce
order passed in R.P. No. 273 of 2012 dated 01.06.2016 and it
reads as under:-
"Sh. Umapati Jha, Advocate, is
appointed as the Advocate Commissioner for
execution of order dt. 24.5.2016 for handing
over the possession of the auctioned property
to the purchasers by the CH Bank and he will
be paid a professional fees of Rs. 15,000/-
(Rupees fifteen thousand only) by the
purchaser and Rs. 15,000/- (Rupees fifteen
thousand only) will be paid by the C.H. Bank
to the Ld. Advocate Commissioner.
2. District Magistrate, Senior
Superintendent of Police, and Local Police
Station would extend all administrative and
police support to the Ld. Adv. Commissioner
to carry out peaceful handing over of the
possession.
3. Circle Officer of the area will
take necessary action for mutation of the
Patna High Court L.P.A No.1110 of 2019 dt.04-02-2025
property in the names of auction purchasers.
4. Let a copy of this order along
with copy of order dated 24.5.2016 be handed
over to the certificate holder bank and
Advocate Commissioner for compliance. The
concerned Branch Manager shall extend all
support to the Advocate Commissioner in
execution of said order.
List on 09.6.2016."
5. In the light of the aforementioned order, District
Magistrate proceeded to comply the order dated 01.06.2016.
Therefore, there is no infirmity in the District Magistrate action
insofar as facilitating Respondent-Bank and petitioner and
others insofar as handing over the possession of the subject
property in favour of Respondent-Bank.
6. Appellant had statutory remedy of appeal before
the DRAT insofar as assailing the judgment dated 27.08.2012
passed in O.A. No. 258 of 2011 and further has remedy of filing
appeal before the Presiding Officer, DRT in assailing the order
dated 01.06.2016 passed in RP No. 273 of 2012. Without
resorting to such statutory remedy which was available to the
appellant, appellant has preferred C.W.J.C. No. 17764 of 2016
and 4506 of 2017.
7. In the light of these facts and circumstances,
appellant has not made out a case so as to interfere with the
order of the learned Single Judge dated 06.08.2019 passed in
Patna High Court L.P.A No.1110 of 2019 dt.04-02-2025
C.W.J.C. No. 17764 of 2016 connected with C.W.J.C. No. 4506
of 2017. Accordingly, the present L.P.A. stands dismissed.
(P. B. Bajanthri, J)
(Sunil Dutta Mishra, J)
rakhi/-
AFR/NAFR
CAV DATE N.A.
Uploading Date 11.02.2025
Transmission Date
