Canara Bank v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3349 of 2024 ====================================================== Canara Bank, Bihar Sharif Branch II, Distirct-Nalanda through its Senior Branch Manager, Md. Imteyaz, male, aged About 37 Years, Son of Md. Umair, R/o Village and P.O.-Shahpur Baghauni, P.S.-Waini (O.P.), DistrictSamastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Finance, Patna.

2.

The District Magistrate, Nalanda.

3.

Ranju Devi Wife of Subodh Prasad R/o Village-Diripar, PO-Barhara, PSNoorsarai, District-Nalanda. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh, Adv.

For the Respondent/s :

Mr.Government Pleader 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 19-04-2024 Learned counsel appearing on behalf of the petitioner is permitted to delete the name of private Respondent No. 3 from the array of the parties.

2. Learned counsel appearing on behalf of the petitioner has stated that the petitioner has filed an application before the District Magistrate concerned (Respondent No. 2) under Section 14 of the SARFAESI Act on 05.05.2022 but till date no orders are passed. Therefore, seeks a direction from this Court to direct the authority concerned to pass necessary orders on the application made by the petitioner strictly in accordance with law.

Patna High Court CWJC No.3349 of 2024(2) dt.19-04-2024 2/2

3. Learned counsel appearing on behalf of the respondents has stated that he has no objection if a direction is given to the concerned District Magistrate to consider the application made by the petitioner in accordance with law duly putting all the parties on notice.

4. Having regard to the above made submissions, without going into the merits or demerits of the case, the present CWJC is disposed of directing the Respondent No. 2 i.e. the District Magistrate, Nalanda to consider the application made by the petitioner under Section 14 of the SARFAESI Act and pass necessary orders strictly in accordance with law duly putting all the parties on notice.

5. The District Magistrate (Respondent No. 2) shall endeavor to dispose of the application as expeditiously as possibly preferably within a period of eight weeks from the date of the receipt of the copy of this order.

6 With the above direction, the present CWJC is disposed of.

(A. Abhishek Reddy , J) Bhardwaj/- U