Alok Kumar v. Bank Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5546 of 2023 ====================================================== Alok Kumar Son of Shro Pujan Pandey Resident of House No. A/6, Bank of India Colony, Opposite Taxila Apartment, Police Station-Shastri Nagar, Disrict-Patna.

... ... Petitioner/s

Versus

1.

Bank of India through its Chairman Cum Managing Director, Star House C5, G Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051. 2.

Chief Manager-Cum-Branch Manager, Bank of India, Jamal Road Branch, Patna.

3.

Authorizing Officer, bank of India Zonal Office, R-Block Chauraha, Patna, Bihar-800001.

4.

Sangeeta Shrivastava Wife of Late Ajit Kumar Resident of Mannat, Road No. 2, Near Ganga Prabha Apartment, Kali Mandir Road, Manas Marg, East patel Nagar, Patna-800024.

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

For the Petitioner/s :

Mr. Sanjeev Ranjan, Advocate Ms. Shweta Anand, Advocate For the Respondent/s :

Mr. Ajit Kumar Sinha, Advocate Mr. Dilkash Khan, Advocate Ms. Minu Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 27-04-2023 Heard the parties.

2. Admittedly, the respondent no. 4 is title holder of the property. The petitioner claims to have the interest devolved upon him as he entered into a sale agreement with respondent No. 4 which resulted in a registered sale deed executed in his favour. He also states that he has paid the dues which were against respondent No. 4 to the Bank and a no dues certificate has been issued by the Bank to him. The petitioner has come

Patna High Court CWJC No.5546 of 2023(2) dt.27-04-2023 2/2 before this Court seeking directions against the Bank to release the title deed of the property in his favour.

3. The title holder and the mortgagee was respondent No. 4 who has not approached this Court. There seems to be some dispute between the petitioner and the respondent No. 4 which cannot be examined in writ jurisdiction. If the petitioner satisfies his claim for redeeming the title deeds from the Bank, he must approach the Civil Court which is the correct forum for the said relief.

4. The writ petition would not be maintainable and, is accordingly, dismissed.

(Sanjeev Prakash Sharma, J) Sachin/- Item No. 31 U