Shambhu Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 4055 of 2022 ====================================================== Shambhu Giri Son of Late Sitaram Giri Resident of Jaga Pakar, East Champaran (Bihar) - 845411.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.

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

3.

The District Magistrate, East Champaran.

4.

Central Bank at its Corporate Office at Chandermukhi, Nariman Point, Mumbai- 400001.

5.

General Manager, Zonal Head Office at B- Block, Second Floor, Maurya Lok Complex, Dak Bunglow Road, Patna.

6.

Regional Manager, Regional Office, Central Bank of India, East Champaran, Motihari.

7.

Authorized Officer, Central Bank of India, Motihari, East Champaran. 8.

Branch Manager, Central Bank of India, Radhia Branch, East Champaran, Motihari- 845458.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Respondent/s :

Smt. Anuradha Singh (SC 21) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 05-05-2022 Petitioner has prayed for following relief(s) :- "i Quashing Order dated 27.01.2022 passed in SERFESI Act Case No. 62/2018 wherein the District Magistrate, East Champaran, Motihari has ordered the concerned authorities to take possession of the property on 25.02.2022.

ii. Quashing Letter dated 21.02.2022 by which the Bank has issued letter to the borrower & guarantor for taking physical possession of secured

Patna High Court CWJC No. 4055 of 2022(2) dt.05-05-2022 2/2 asset namely, M/s Priyaranjan Enterprises, Tauzi No.951, Thana No.104, Mauza - Areraj, Anchal + Post Areraj, Thana Govindganj, Dist. - East Champaran 845411, Khata No. 139, Khesra No.1955, Area- 10 Dhur.

iii. Quashing all the actions taken by the Respondent bank under SERFESI Act."

In view of the fact that Debts Recovery Tribunal is now functional, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition with liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law. Permission granted.

As and when any such request is made by the petitioner before the Tribunal, the same shall be considered and decided expeditiously.

The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/chn U