Arvind Kumar v. Central Bank Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.20315 of 2016 ====================================================== Arvind Kumar S/o Late Mewa Lal Sao R/o Opp. Nageshwar Mall & Multiples, Ramchandrapur, P.S. - Biharsharif, Distt. - Nalanda. .... .... Petitioner
Versus
1. Central Bank of India through Branch Manager, Nalanda College Branch, Biharsharif, P.S. - Biharsharif, Distt Nalanda.
2. Union of India through Secretary Ministry of Finance, Govt. of India, New Delhi.
3. Chairperson, Debt Recovery Appellate Tribunal, 147-A-581, Jawahar Lal Nehru Road, Tagore Town, Allahabad.
4. Avijeet Kumar S/o late Devendra Pd. Singh H.B. No. 92, Ward No. 21, Garhpar, Biharsharif, Nalanda.
5. Rajani Kumari Singh, holding authority letter of Right Path Foundation Trust, 102, Dropadi Kunj Apartment, New Patliputra Colony, Patna. .... .... Respondent/s ====================================================== Appearance:
For the Petitioner/s : Mr. Arbind Kumar Jha For the Bank : Mr. Ajay Kumar Sinha, Adv. For the U.O.I. : Mr. Alok Kumar Jha, C.G.C ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-07-2017 Heard learned counsel for the parties.
In this case, the petitioner has raised grievance about the procedure and manner, the auction has been conducted. Further plea has been taken that land could not be sold below the reserved price.
As the matter is pending before the D.R.A.T.
Delhi, which is the Incharge of D.R.A.T. Allahabad. Let the D.R.A.T. Delhi decide the matter on merit within a period three weeks from today. In the meantime, if the D.R.A.T Allahabad
Patna High Court CWJC No.20315 of 2016 (8) dt.26-07-2017 2/2 becomes functional, then will decide the case of the petitioner without further delay. The Tribunal must ensure the hearing of the case of the petitioner before expiry of three weeks. The petitioner is a liberty to raise all points as available under the law before the Tribunal.
This Court vide order dated 02.03.2017 has granted interim relief in favour of the petitioner. It is clarified that this interim relief order will continue to operate only for three weeks from today. If the petitioner would fail to obtain any order from the Tribunal, the respondent-authorities will have a liberty to take action in accordance with law.
With the aforesaid observations and directions, this writ application is disposed of.
(Shivaji Pandey, J) pawan/- U