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Patna High CourtCWJC/8717/2021disposed

M/S Jai Mata Rani Rice Mill Through Its Proprietor Raju Kumar Rai, v. The State Of Bihar,

2021-12-15The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8717 of 2021 ====================================================== M/s Jai Mata Rani Rice Mill through its Proprietor Raju Kumar Rai, aged about 30 years, Male, Son of Suryabansh Rai, resident of Village - Patel Nagar, Bharkhar, P.S. - Mohania, District- Kaimur, PIN - 821109. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Magistrate, Kaimur at Bhabua.

3.

The Authorized Officer, Punjab National Bank, Circle Sastra Office, 2nd Floor, Regal Complex, Near Ramna Maidan, Ara, District- Bhojpur. 4.

The Branch Manager, Punjab National Bank, Branch Office Akhouri, Mohania, District- Kaimur, Bihar.

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

For the Petitioner/s :

Mr. Dr. Binay Kumar Singh, Advocate Mr. Alok Ranjan, Advocate For the Respondent/s :

Mr. U.P. Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-12-2021 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4

3/4 Dr. K.N. Singh, learned Additional Solicitor General, invites our attention to the notification dated 13th of December, 2021, whereby Presiding Officer, Debt Recovery Tribunal, Ranchi has been given charge of Debt Recovery Tribunal, Patna.

In this view of the matter, the petitioner can conveniently approach the Tribunal and pursue the proceedings already initiated with reference to the subject matter in issue. We notice that the Tribunal was not functional for quite some time, which prompted the petitioner to file the present petition on 12th of March, 2021. During pendency of the present petition, the respondents have not taken any coercive steps.

We direct such status quo to be maintained for a further period of four weeks to enable the petitioner to move an appropriate application seeking grant of interim relief. We clarify that our order shall be operational only for a period of four weeks and subject to further orders which may be passed by the Tribunal. Further, if the petitioner does not take steps for seeking interim protection within a period of four weeks, the order of interim protection shall automatically stand vacated.

4/4 With the aforesaid observation, the present petition stands disposed of.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 16.12.2021 Transmission Date