Ram Ekbal Singh @ Ram Ikbal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8513 of 2020 ====================================================== 1.

Ram Ekbal Singh @ Ram Ikbal Singh, Son of Shyam Lal Singh Resident of New Market, Near Dalux Hotel, Katihar, P.S. and Dist.-Katiahr. 2.

Arun Kumar Singh @ Anil Singh, Son of Ram Ekbal Singh Resident of Mohalla-Amlatola, New Market, P.S. and Dist.-Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Collector cum District Magistrate, Katihar. 3.

Indian Overseas Bank through its General Manager, 763 Anna Salai, Chennai-600002.

4.

The Regional Manager, Indian Overseas Bank, Nasima House, Near Gandhi Maidan, Patna-800001.

5.

The Branch Manager, Indian Overseas Bank, Katihar, Hardayal Road, Katihar, 854105.

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

For the Petitioner/s :

Mr. Mukesh Kumar Jha, Advocate For the Respondent/s :

Mr. Vikash Kumar, SC-11 Mr. Anant Kumar Sharan, Advocate Mr. Prabhat Kumar Sharan, Advocate Mr. Hemant Kumar Sharan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH) 17-12-2021 This matter has been taken up for hearing online through video conference because of COVID-19 pandemic restrictions.

This writ application has been filed seeking quashing of an order dated 12.03.2020, passed by the Collector-cumDistrict Magistrate, Katihar, whereby, in view of the request

Patna High Court CWJC No.8513 of 2020(6) dt.17-12-2021 2/2 made by the respondent Bank under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the District Magistrate has deputed a Magistrate and police force. In our opinion, this application is totally misconceived. The petitioners have statutory remedy under the provisions of the Act by raising objection.

This application is accordingly dismissed as not maintainable. It goes without saying that the petitioners shall be at liberty to raise objection in accordance with law before appropriate authority.

(Chakradhari Sharan Singh, J) ( Madhuresh Prasad, J) K.K.RAO/Rajesh U