Rina Devi And ANR v. General Manager, Allahabad Bank And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12645 of 2017 ====================================================== 1.

Rina Devi, Wife of Sri Pramod Yadav, resident of Jamuna Flower Mill, Binodpur, Police Station Katihar, District Katihar 2.

Sanjeev Kumar Yadav, Son of Sri Rashibihari Yadav, Both residents of Jamuna Flower Mill, Binodpur, Police Station- Katihar, District- Katihar. ... ... Petitioner/s

Versus

1.

General Manager, Allahabad Bank, Head Offic, 2, Netazi Subhash Road, Kolkata.

2.

The Regional Manager, Allahabad Bank, Regional Officer, Bhagalpur. 3.

The Chief Manager, Allahabad Bank, Branch Office, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajendra Prasad Sah, Advocate :

Mr. Ratnakar Ambastha, Advocate For the Respondent/s :

Mr.Nishi Nath Ojha, Advocate :

Mr. S.K. Sharma, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 14-05-2025

1. Heard the Learned counsel for the petitioner as well as the Learned counsel for the respondents.

2. The Hon'ble Apex Court in CELIR LLP Vs. BAFNA MOTORS (MUMBAI) PRIVATE LIMITED AND OTHERS reported in (2024) 2 SCC 1, and in UNITED BANK OF INDIA Vs.

SATYAWATI TONDON AND OTHERS reported in

Patna High Court CWJC No.12645 of 2017(3) dt.14-05-2025 2/2 (2010) 8 SCC 110 time and again reiterated that Writ petitions are not maintainable under Article 226 of the Constitution of India against the provisions of SARFEASI Act and it is for the petitioner to approach the appropriate forum when an alternative remedy is available and the appropriate forum shall consider the limitation aspect as the petitioner has approached this Court within the period of limitation.

3.

Accordingly, the Writ petition is dismissed as it is not maintainable.

(G. Anupama Chakravarthy, J) amitkr/- U