Law Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14266 of 2014 ====================================================== Law Kumar son of Sri Ramnath Ram resident of village - Asha Nagar Sopawa Tola Road, P.O. Belbag, Police Station - Bettiah Mufassil, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar through the D.M. West Champaran, Bettiah, Government of Bihar, Patna 2.

The Punjab National Bank, Divisional Office, Aghoria Bazar Chauk, Muzaffarpur through its authorized Officer under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

3.

The Assistant General Manager cum Authorised Officer, Punjab National Bank, Bettiah, District - West Champaran 4.

Shri Suresh Prasad Sarraf son of late Jagdish Prasad resident of Kamalnath Nagar, Bettiah, Police Station - Bettiah, District - West Champaran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sachida Nand Rai, Adv.

For the Respondent/s :

Mr. Suryakant Kumar, AC to GA-8 For the Bank :

Mr. Mritunjay Kumar, Adv.

Mr. Ram Ganesh, Adv.

Ms. Shilpi Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2023 The present writ petition has been filed seeking the following relief:- "1.

That this application is being filed for issuance of a writ in the nature of certiorari or any other appropriate writ or writs for quashing the possession notice dated 25.7.2014 under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,

Patna High Court CWJC No.14266 of 2014(2) dt.28-02-2023 2/3 2002 (hereinafter referred to as "SARFAESI Act") as well as inventory dated 25.7.2014 of immovable assets taken possession under section 13 (4) of the "SARFAESI Act" so far the petitioner's land is concerned whose detail is Khata No.15, Khesra No.243, area 1 Katha 1 dhur situated in mohalla Parwatiya Tola, Police StationBettiah Mufassil, District-West Champaran.

And/Or For passing any such other order or orders restraining the respondent no.2 and 3 for not interfering with the possession of the petitioner over the land, whose detail has been given above, which is residential plot.

And/Or For passing such other order or orders for which the petitioner will be found entitled in the eye of law.

After some arguments, the learned counsel for the petitioner seeks not to press the present writ petition, however, seeks liberty on behalf of the petitioner to avail such other alternative remedies as are available under the law. Liberty, so

Patna High Court CWJC No.14266 of 2014(2) dt.28-02-2023 3/3 sought, is granted.

The writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Ajay/- U