Amar Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.694 of 2019 ====================================================== Amar Kumar, S/o Sri Baleshwar Ram, Resident of Village- Basahi, P.S. Bhagwanpur, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Director of General of Police, Bihar, Patna. 2.

The Officer-in-Charge, Begusarai Town Station, Begusarai. 3.

That State Bank of India, through its Chairman, State Bank Bhawan, Madame Cama Road, Nariman Point, Mumbai, Maharashtra. 4.

The Chief General Manager, State Bank of India, Gandhi Maidan, Near S.B.I. Main Branch, Patna, Bihar.

5.

The Chief Manager, Main Branch, State Bank of India, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate, Mr. Braj Bhushan Poddar, Advocate For the Bank :

Dr. B.B. Singh, Advocate For the Respondent/s :

Mr. Kaushlendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-11-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s). "1. That the present writ application has been preferred for issuance of writ mandamus directing the respondents to allow the petitioner to operate his bank account having account no.- 30234645418 with the State Bank of India, Main Branch, Begusarai which is being denied an the pretext of withholding the account due to pendency of Begusarai town P.S. case no. 217/2012 although the final form has been submitted by the police in this case and accepted by the leaned Chief Judicial Magistrate, Begusarai and for issuance of other

2/4 appropriate writ/writs, direction/ directions, order/orders in the facts and circumstance of this case."

We are of the considered view that with the passage of time, the present writ petition has become infructuous, more so, in view of the communication dated 06.05.2019 issued by the bank of the petitioner, contents whereof, in toto, is reproduced hereinunder:- It is alleged by the petitioner that the money, lying in his account, is not being permitted to be disbursed by the petitioner.

Well, that is not what petitioner has prayed for. That apart, if that is so, it is always open for the petitioner to initiate

3/4 an appropriate proceeding in accordance with law, before the appropriate forum, should the need so arises, and when the petitioner's fresh request for release of the amount stands turned down.

Petitioner states that he shall approach the Manager of the concerned bank on 20.12.2021 by filing a detailed representation.

Statement is taken on record.

Operation of the Petitioner's bank account was withheld only on account of the pendency of the police case no. 217 of 2012 and it is submitted that police has submitted final form.

Be that as it may, post registration of the said case and passing of the order withholding the account, the respondents have now reviewed their action, and issued the communication reproduced (supra).

Dr. B.B. Singh, learned counsel for the Bank states that necessary action shall be taken on the request made by the petitioner.

Statement accepted and taken on record.

In view of the same the present petition stands disposed of.

4/4 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA