Narendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21261 of 2021 ====================================================== Bhola Prasad Yadav S/o Sri Ram Prasad Yadav at Noorpur, P.O.-Katra Bajar Samiti, Simli Murarpur, Patna City, P.S. Malsalami, District Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Home Commissioner, Government of Bihar, Patna. 3.

The Director General of Police, Bihar, Patna. 4.

The Secretary, Department of Transport, Government of Bihar, Patna. 5.

The Chief Manager, Reserve Bank of India, South Gandhi Maidan, Patna. 6.

Superintendent of Police, Patna.

7.

Branch Manager, Sri Ram Transport Finance Company Limited at Bakhtiyarpur now office at Fatuha, P.S/P.S-Fatuha, District-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Badri Narayan Singh, Advocate Mr.Pramod Kumar, Advocate For the Respondent/s :

Mr.P.K. Verma (AAG 3) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) 17-02-2022 Petitioner has prayed for following relief (s) : - "That this is an application for direction to the Respondent authorities the Respondent No. 2 to 6 to issue order and direction to see that the Bank or financing companies do not seize the vehicle of Pvt. person through goons on road as well as to financial institution not to seize the

Patna High Court CWJC No.21261 of 2021(2) dt.17-02-2022 2/2 financed vehicle from the Owner of vehicle without any proper order of court or Debt Recovery Tribunal as held by our own High Court reported in BLJ 2020 Page -96 in the case of Sujay Kumar versus UCO Bank Limited, following the ruling of Supreme Court in the case of Shanti Sharma versus ICICI Bank Limited as well as further direction to the Respondent No. 7 the Branch Manager Sri Ram Finance Company Limited at Fatwah not to seize the vehicle of petitioner through goons by illegal means and using force."

Learned counsel for the petitioner, under instructions, fairly states that the petition, in its present form, may be permitted to be withdrawn reserving liberty to file afresh on the same and subsequent cause of action, if so required and desired.

Prayer allowed.

Petition is disposed of as withdrawn with the liberty aforesaid.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( Vikash Jain, J) K.C.Jha/chn U