Krishna Mistri v. The Chief Manager, Zonal Office And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12507 of 2018 ====================================================== Krishna Mistri son of Late Beni Mistri resident of Mohalla - Ram Lakhan Path, Vishnupuri Chitkohra, P.S. Gardanibagh, District - Patna. ... ... Petitioner/s
Versus
1.
The Chief Manager, Zonal Office and Ors 2.
The Branch Manager, Corporation Bank, Chunni Plaza Complex No. 3, Near N.M.C.H. Kankarbagh, Patna.
3.
Ranjeet Kumar son of Sri Vijay Bahadur Ray resident of Mohalla - Goria Toli, P.O. Badru Tola, P.S. Chapra Muffasil, District - Saran presently residing at Cool Fashion, Shop No. 2, Ground Floor, Hotel City Centre, Station Road near Veena Cinema, P.S. Kotwali, District - Patna. 4.
Mithilesh Kumar son of Sri Ravindra Prasad resident of Mohalla - Ram Lakhan Path, Vishnupuri Chitkohra, P.S. Gardanibagh, District - Patna. ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mr.
====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 07-07-2025
1. This court has passed a detailed oral order on 04.07.2025 which reads as follows:-
1. No representation for the petitioner.
2. On perusal of the relief portion, it is evident that the matter pertains to a prayer for quashing the auction sale notice dated 28.05.2018 issued by Corporation Bank, Patna, whereby the auction was scheduled on 21.06.2018 from 11:45 A.M. to 01:15 P.M. by inviting bids. The further prayer is to restrain the respondents from taking
Patna High Court CWJC No.12507 of 2018(3) dt.07-07-2025 2/2 any coercive action against the petitioner until the disposal of OA Case Nos. 37 of 2018 to 40 of 2018.
3. This Court is of the considered view that the Writ petition itself is not maintainable, as the petitioner has an alternative remedy to approach before the DRAT, Allahabad. Moreover, the auction notice has been challenged under Section 32(2) of the SARFAESI Act.
4. However, for giving a fair opportunity to the Learned counsel for the petitioner to submit his arguments, list on 07.07.2025.
2. In spite of it, there is no representation for the petitioner. Therefore, the writ petition is dismissed for default and for non-prosecution. (G. Anupama Chakravarthy, J) vinita/- U