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Patna High CourtCWJC/27/2017allowed

Bal Ram Singh v. The Madhya Bihar Gramin Bank And ORS

2024-04-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.27 of 2017 ====================================================== Bal Ram Singh Son of Late Bhekh Narayan Singh, resident of village P.O. P.S. Barun and Distict Aurangabad ... ... Petitioner/s

Versus

1.

The Madhya Bihar Gramin Bank 2.

The Zonal Manager, The Madhya Bihar Gramin Bank, Gaya 3.

The Branch Manager, The Madhya Bihar Gramin Bank, Barun and Distict - Aurangabad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Verma For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-04-2024 I.A. No. 1 of 2024 For the reasons mentioned in the interlocutory application, the same is allowed.

2. The prayer made in the interlocutory application shall be treated to be a part of the main petition.

3. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Bank.

4. Learned counsel for the petitioner is aggrieved by order dated 16.04.2021 passed in Revision Case No. 93 of 2018 by the Court of Commissioner, Magadh Division, Gaya which been passed without hearing the petitioner.

5. Learned counsel for the Bank has argued the matter at length and has submitted that even if the order is ex parte,

Patna High Court CWJC No.27 of 2017(9) dt.23-04-2024 2/2 there is no illegality in the order and therefore, this Court should not interfere in the matter.

6. It is an admitted position that the order has been passed without hearing the petitioner.

7. In the interest of justice, the order dated 16.04.2021 is quashed and the matter is remitted back to the Commissioner, Magadh Division, Gaya who will decide the matter afresh after hearing both the parties. The Commissioner will pass a reasoned order in accordance with law.

8. The petitioner and the Bank will appear before the Commissioner, Magadh Division, Gaya on 17.06.2024.

9. The Commissioner, Magadh Division, will fix a date for hearing on 17.06.2024 and thereafter, he will hear the matter.

10. It is expected that the Commissioner will dispose of the Revision within three months of the appearance of both the parties.

11. In view of the above observations and directions, this application is allowed.

(Sandeep Kumar, J) Saif/- U