Anand Prakash @ Anand Prakash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5910 of 2022 ====================================================== Anand Prakash @ Anand Prakash Singh S/o Shri Nawratna Singh, Permanent resident of Ward No 3, Plot No. 413, Veer Kunwar Singh Colony, Thana Buxar Qila, P.S. and P.O. Buxar, Dist Buxar, presently residing Flat No. A401, Hum Sab Apartment, Plot No. 14, Sector 4 Dwarka, South West Delhi, Delhi- 110078.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Buxar. 2.

The District Magistrate, Buxar.

3.

The Bank of Baroda through its Zonal Manager, 1st Floor, Chanakya Place, Birchand Patel Marg, Patna, Bihar - 800001.

4.

The Zonal Manager, Zonal Office, Bank of Baroda, Boring Canal Road, Patna, Bihar - 800001.

5.

The Authorised Officer, Bank of Baroda, Buxar. 6.

The Branch Manager, Bank of Baroda, Buxar.

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

For the Petitioner/s :

Mr.Nikhil Kumar Agrawal, Advocate For the Respondent/s :

Mr.Sarvesh Kumar ( Gp 24 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 13-05-2022 The present writ petition has been filed to issue an appropriate writ in the nature of Certiorari, quashing the notice dated 05.04.2022, issued by the respondent- Bank whereby directions have been issued to take possession of the residential house-cum-land of the petitioner on 18.04.2022. A perusal of the writ petition shows that it involves disputed question of facts. We thus propose that the petitioner

Patna High Court CWJC No.5910 of 2022(2) dt.13-05-2022 2/2 may avail alternative remedy, to which, the learned counsel for the petitioner is agreeable.

At this juncture, the learned counsel for the petitioner submits that some protection may also be granted to the petitioner.

We, hereby, dispose off the writ petition with liberty to the petitioner to avail such alternative remedy as is available under the law. While granting such liberty to the petitioner, we direct that no coercive steps shall be taken against the petitioner for a period of three weeks from today.

(Rajan Gupta, J) ( Mohit Kumar Shah, J) rinkee/- U