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Patna High CourtCWJC/5454/2023disposed

Krishnandan Singh v. The Punjab National Bank

2025-08-18Mr. Justice A. Abhishek Reddy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5454 of 2023 ====================================================== Krishnandan Singh S/o- Baidhnath Singh R/o- Bajitpur, Police StationNayagaon in the District of Saran. ... ... Petitioner/s

Versus

1.

The Punjab National Bank through the Managing Director and Chief Executive Officer, New Delhi.

2.

The Zonal Manager, Punjab National Bank, Zonal Office, Muzaffarpur. 3.

The Branch Manager, Punjab National Bank, Sonepur Branch, Sonepur, District- Saran.

4.

The State of Bihar through the District Magistrate, Saran. 5.

The District Magistrate Saran, Collectaroate Saran Chhapra Bihar. 6.

The Deputy Collector Land Reforms, Deputy Land Reform Office, Subdivisional Office Campus, Sonpur, Saran.

7.

The Circle Officer, Sonepur District Saran.

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Sr. Adv.

:

Mr. Adya Pandey, Adv.

:

Mr. Braj Nandan Kumar Tiwary, Adv.

For Respondent PNB :

Mr. Mritunjay Kumar, Adv.

:

Mr. Ram Ganesh, Adv.

For the Respondent/s :

Mr. Mritunjay Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 18-08-2025 Heard the learned counsel for the parties.

The present writ petition has been filed for the following relief(s):- "1. That this Writ petition is being filed on behalf of the petitioner in the nature of mandamus commanding the concerned Respondent authorities under the Bank to take steps towards non return of original deed of land which was submitted at the time of sanction of loan and further direction to hand over the original Deed to the petitioner, any other relief or reliefs for which the petitioner may be found to be entitled in the eye of law and in the facts and

Patna High Court CWJC No.5454 of 2023(22) dt.18-08-2025 2/3 circumstances of the present case.

1(a) That the respondent nos. 4 to 6 be directed that the petitioner be provided with the certified copy of the relevant land documents."

3. It is the case of the petitioner that he has mortgaged property to the respondent-Bank by depositing the original title deeds. Subsequently, the loan was cleared however, the Bank has not returned the original title deeds. Though the petitioner has raised his grievance before the respondent-Bank and other authorities, the same has been met without any success. Learned counsel has therefore, prayed this Hon'ble Court to allow the present writ petition and direct the respondent-Bank to return the original documents which were mortgaged with them.

4. Per contra, the learned counsel appearing on behalf of the respondent-Bank has vehemently opposed the very maintainability of the relief sought in the present writ petition. Learned counsel has further stated that the original loan was taken in the year 1976 and thereafter, the Mortgage Case No. 48/54 of 1982/1986 was ending before the Civil Court, Chapra in which preliminary decree was passed on 04.10.1986. Learned counsel has stated that the lawyer who was conducting the case in the Civil Court, Chapra has expired therefore, it is difficult to trace the file. Learned counsel has stated the account being the

Patna High Court CWJC No.5454 of 2023(22) dt.18-08-2025 3/3 very old one, the relevant papers are not available with the Bank. Further, it is stated by the learned counsel that the authorities are willing to incur the necessary expenditure for obtaining the certified copies of the documents which were mortgaged with the Bank.

5. Having regard to the above made submission, the present writ petition is disposed of directing the respondentBank to obtain the certified copies of the documents which were mortgaged by the petitioner and hand over the same to the petitioner.

6. The entire exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. The respondent Nos. 5 to 7 are also directed to extend the necessary corporation to the respondent-Bank in obtaining the certified copies.

7. With the above direction, the present writ petition stands disposed of.

(A. Abhishek Reddy, J) Ayush/- U