M/S Maa Mundeshwari Traders Through Renu Devi v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15529 of 2021 ====================================================== Mananjay Kumar Singh S/o - Shri Mahender Pratap Singh Resident of Village Bhadaula P.S. Kudra, Dist. - Kaimur at Bhabua at present R/o - Gajrarh, ward no. 14, Thana no. 134 Sasaram, Garakshni Dist. Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar through District Magistrate Kaimur at Bhabua. 2.
Regional Manager, Baroda Anand Vihar 4th flour West Boring Canal Road Patna 800001, Bihar.
3.
Chief Manager Cum Authorize Office Bank of Baroda Sasaram Branch, Hansu Marked Old G.T. Road, Sasaram, District- Rohtas. ... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 10058 of 2018 ====================================================== M/s Maa Mundeshwari Traders Through Renu Devi Wife of Late Baduri Singh, Resident of Village- Bhadaula, P.S. Kudra, District- Kaimur at Bhabua. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Regional Manager, Bank of Baroda, Anand Vihar 4th Floor, West Boring Canal Road, Patna- 800001, Bihar 3.
Chief Manager Cum - Authorise Officer Bank of Baroda Sasaram Branch, Hansu Market, Old GT Road, Sasaram ... ... Respondent/s ====================================================== Appearance :
(In Civil Writ Jurisdiction Case No. 15529 of 2021) For the Petitioner/s :
Mr. Uday Pratap Singh, Advocate For the Respondent/s :
Smt. Anuradha Singh ( SC 21 ) (In Civil Writ Jurisdiction Case No. 10058 of 2018) For the Petitioner/s :
Mr. Uday Pratap Singh, Advocate For the Respondent/s :
Mr. Manoj Kumar, AC to GP 24 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 22-11-2022
2/5 Heard learned counsel for the parties.
In CWJC No.15529 of 2021 petitioner has prayed for the following relief(s):- "(i) For issuance of will in the nature of certiorari or any other appropriate writ, direction for setting aside letter dated 4.8.2021 u/s Rule 6(2) and/or Rule 8(6) of the security interest (enforcement) Rules, 2002 of SARFAESI Act 2002 whereby and where under sale of Property has been fixed for auction sale on 18.08.21 or any other further notice for of Eauction sale in this regard into with regard to property bearing plot no. 111, Khata no. 29, Tahna no. 654, registered vide sale deed no. 4180 in the name of petitioner (Mananjay Singh) area 4.5625 decimal (ii) For issuance of writ in the nature of certiorari or any other appropriate writ, direction for setting aside the possession notice dated on 19.4.21 under section 13(4) of Sarfesi Act 2002 red with Rule 8 of the Security Interest Enforcement Rules, 2002 whereby and where under property changed to the Bank of Baroda has taken possession of the property as mentioned in the notice itself.
(iii) For issuance of writ in the nature of mandamus or any other appropriate writ/ direction to the respondent particularly respondent no. 1 not to disturb the possession of petitioner from its actual physical possession situated at Mauza Bajarkona, thana
3/5 no. 654 Khata no. 29, plot no. 111, Anchal Kudra, P.S. Kudra, Distt. Kaimur bearing Registered sale deed no. 4180 dated 09.05.2011 in the name of Sri Mananjay Kumar Singh son of Sri Mahendra Prasad Singh who happen to be guarantor to M/s Maa Mundeshwari Traders of Pro Mrs. Renu devi and against her SARFAESI Act Proceding has been stayed by his hon'ble court vide order dated 16.05.2018 passed in CWJC No.
10058/2018.
(iv) For issuance of any other appropriate writ and direction as may deem fit and proper in this case for which the petitioner is otherwise entitled."
In CWJC No. 10058 of 2018 petitioner has prayed for the following relief(s):- "i. For issuance of writ in the nature of certiorari or any other appropriate writ, direction for setting aside the possession notice dated on 6.4. 2018 under Section 13 (4) of Sarfaesi Act 2002 red with Rule 8 of the Security Interest Enforcement Rules, 2002 whereby and where under property changed to the Bank of Baroda has taken possession of the property as mentioned in the notice itself.
ii. For issuance of writ in the nature of mandamus or any other appropriate writ/ direction to the respondent particularly respondent no. 1 not oust the real owner of
4/5 property from its actual physical possession situated at Mauza- Bajarkona, thana No. 654, Khata No. 29, plot no. 111, Anchal Kudra, P.S. Kudra, Distt Kaimur bearing Registered sale deed no. 4180 dated 09.05.2011 in the name of Sri Mananjay Kumar Singh son of Sri Mahendra Prasad Sigh.
iii. For issuance of any other appropriate writ and direction as may deem fit and proper in this case for which the petitioner is otherwise entitled."
In view of the fact that Debts Recovery Tribunal is now functional, learned counsel for the petitioners, under instructions, seeks permission to withdraw the present petitions reserving liberty to take recourse to such other appropriate remedies, as are otherwise available, in accordance with law. Permission granted.
As and when any such request is made by the petitioners before the Tribunal or the respondent-bank, the same shall be considered and decided expeditiously. If the petitioners were to approach the Tribunal within a period of four weeks from today, the issue of limitation, as is so stated across the bar, is not allowed to come in the way. The petitions stand disposed of as withdrawn
5/5 with the liberty aforesaid.
Interlocutory application(s), if any, shall also stand disposed of.
(Sanjay Karol, CJ) ( Partha Sarthy, J) Spd/-Sujit AFR/NAFR CAV DATE Uploading Date 24.11.2022 Transmission Date