Ramanuj Kumar Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5977 of 2015 ===========================================================
1. Ramanuj Kumar Singh son of Late Kailash Singh, resident of village+ P.O. Bihat Refinery Road, Tola- Ibrahimpur, Police Station- Barauni, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar through District Magistrate, Darbhanga.
2. District Magistrate, Darbhanga.
3. Authorised Officer, Central Bank of India, Regional Office, Alalpatti, Darbhanga.
.... .... Respondent/s =========================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate Mr. Shishir Kumar, Advocate For the Bank : Mr. Ajay Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL JUDGMENT Date: 01-09-2016 Heard learned counsel for the petitioner and learned counsels for the State and for the respondent No.-3, Central Bank of India.
The writ application has been filed by the petitioner for a direction to the District Magistrate to dispose of the application filed by the Respondent-Bank under Section 14 of the SARFAESI Act which, it is claimed, is pending for the last three years. The reasons stated for approaching this Court is that the petitioner is the auction purchaser of the property.
The writ application ought to have been filed by the Bank for having the Section 14 application disposed of by the
Patna High Court CWJC No.5977 of 2015 dt.01-09-2016 2/2 District Magistrate and not by the present petitioner even if he claims to be auction purchaser. However, I do not see any reason why the District Magistrate has not disposed of the application and kept it pending for more than three years that too in SARFAESI matter. This Court while admitting a batch of writ petitions on behalf of the Borrower has not granted any interim relief in his favour.
The writ application is, accordingly, disposed of with the above observations.
(Ramesh Kumar Datta, J) S.Pandey/- AFR/NAFR CAV DATE Uploading Date 20.9.2016 Transmission Date