Shivendra Kumar, v. The Dakshin Bihar Gramin Bank Head Officer,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4896 of 2022 ====================================================== Shivendra Kumar, S/o Braj Bihari Singh @ Brij Bihari Singh, Resident of Saraswati Bhawan near Ajay Santosh Lodge, Ara, District - Bhojpur. ... ... Petitioner/s

Versus

1.

The Dakshin Bihar Gramin Bank Head Officer, Shri Vishnu Commercial Complex, Near Petrol Pump National Highway ByPass N.H.30, Ashochak, Patna, through its General Manager.

2.

The General Manager, Dakshin Bihar Gramin Bank, Head Office, Shri Vishnu Commercial Complex, Near Petrol Pump National Highway Bypass N.H.30, Ashochak, Patna-16.

3.

The Regional Manager, Dakshin Bihar Gramin Bank, Regional Office, Shri Hariken Kumar Jain Trust Bhawan, Hariji Ka Hata, Ara 802301. 4.

The Dakshin Bihar Gramin Bank, Anaith Ara, District Bhojpur through its Chief Manager.

5.

The Chief Manager, Dakshin Bihar Gramin Bank Branch Anaith, Ara, District - Bhojpur.

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

For the Petitioner/s :

Mr.Dheeraj Kumar, Advocate Mr. Suresh Pd. Bhakta, Advocate For the Respondent/s :

Mr.Mahesh Narayan Parbat. Sr. Advocate Mr. Praveen Prabhakar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-05-2022 Petitioner has prayed for the following relief(s): "(i) For issuance of appropriate writ/order/ direction Commanding the respondent authorities grant permission to sale

Patna High Court CWJC No.4896 of 2022(2) dt.17-05-2022 2/3 approximately one Katha in unconstructed area part of mortgage landed property which details are mentioned in Para-6 of this writ application to pay the loan amount Rs.48,06,55,988/- +intt+ other charges in compliance of the order dated 14.02.2022 (Annexure-4) passed in C.W.J.C. No. 17023/2021 to the respondent Bank in connection with account No. 7414NC00000159 &74149300000510 as early as possible.

(ii) For issuance of any other relief or relief's for which the petitioner is entitled in the facts and circumstances of the case."

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 or to approach the respondent Bank for amicable resolution of the dispute.

Permission granted.

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

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

Patna High Court CWJC No.4896 of 2022(2) dt.17-05-2022 3/3 Interlocutory application(s), if any, shall also stand disposed of.

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