Rubi Devi v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11234 of 2022 ====================================================== Rubi Devi Wife of Sri Neeraj Kumar, Resident of Mohalla-Digha Ghat, X.T.T.I., Ganesh Lal Road, P.S.-Digha, District-Patna. ... ... Petitioner/s

Versus

1.

Union of India through the Secretary, Finance Department, New Delhi. 2.

Secretary, Health Department, Govt. of India, New Delhi. 3.

General Manager, L I C Housing Finance Ltd., Patna. 4.

Area Manager, L I C Housing Finance Ltd., Jeevan Prakash, L.I.C. Building, Mazaharul Haque Path, Patna-100001.

5.

The State of Bihar through Chief Secretary, Govt. of Bihar, Patna. 6.

Principal Secretary, Finance Department, Govt. of Bihar, Patna. 7.

Principal Secretary, Industries Department, Govt. of Bihar, Patna. 8.

Palladium Infrastructure and Project Ltd. through its Chairman cum Managing Director, Resident of Flat No. G-2, Block No. -8, Hillridge Springs Illa Hotel, I.S.B. Gatchbowli, Hyderabad, P.S.-Gatchbowli, DistrictHyderabad, Pin Code-5000032. 9.

Debt Recovery Tribunal, Patna through its Chairman. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Prasad, Sr. Advocate Mr.Ritesh Kumar, Advocate For the Respondent/s :

Dr. K.N. Singh, ASG For the LIC Mr. Lakshman Pandey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 18-08-2022 Petitioner has prayed for the following relief(s): "(a) By issue of an appropriate writ the order dated 18.7.2022 passed by Sri Kaushlendra Yadav Presiding Officer of the Debt Recovery Tribunal, Patna under Serial No 360 dated 28.6.2022 (Chamber Appeal) be

Patna High Court CWJC No.11234 of 2022(2) dt.18-08-2022 2/3 declared illegal and unconstitutional and the same be quashed.

(b) By issue of an appropriate writ the order dated 22.6.2022 passed by the Assistant Registrar of the Debt Recovery Tribunal, Patna under Serial No 167 dated 3.6.2022 be declared illegal, arbitrary, against the order and direction of this Hon'ble Court and the same be quashed.

(c) By issue an appropriate writ the matter relates to loan of the petitioner of Rs. 98,55,905.16/- be taken up and heard by this Hon'ble Court and the concerned respondents namely L.I.C. Housing Finance Ltd. Patna be directed to accept the remaining principal amount which the petitioner is ready to pay in eight equal monthly installments.

(d) By an ad-interim order the relief's prayed for above be granted and the respondents be directed not to harass, persecute and take any coercive measure against the petitioner And/or her mortgaged assets namely house during the pendency of this writ application.

(e) Any other relief or relief's which the petitioner be found entitled to be granted to her."

In view of the fact that Debts Recovery Tribunal and Debts Recovery Appellate Tribunal are now functional, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition with liberty to take recourse to

Patna High Court CWJC No.11234 of 2022(2) dt.18-08-2022 3/3 such other appropriate remedies, as are otherwise available, in accordance with law.

Permission granted.

As and when any such request is made by the petitioner before the Tribunal, the same shall be considered and decided expeditiously.

The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS U