Surendra Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10692 of 2023 ====================================================== Surendra Chaudhari, S/o Phoujdar Chaudhari, R/o Village-Van Nokha Raghunathpur Yadu Tola, P.S.-Nokha, District-Rohtas. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Rohtas. 2.

The District Magistrate, Rohtas.

3.

The Circle Officer, Nokha, District-Rohtas.

4.

The Bank of India through the General Manager, having its Office at Chankya Place, Virchand Patel Path Patna.

5.

The Chief Manager, Asset Recovery Department, Bank of India, Chankya Place Virchand Patel Path Patna.

6.

The Authorised Officer, Bank of India, Chankya Place Virchand Patel Path Patna.

7.

The Branch Manager, Bank of India, Van Nokha, District-Rohtas. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Murari Mishra, Advocate For the State :

Mr. Kumar Samarjeet Singh, AC to SC 21 For the Bank Mr. Satya Ranjan Singha, Advocate Ms. Seema Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL JUDGMENT Date : 09-10-2023 Heard the parties.

2. The present writ petition has been filed for the following reliefs:- "For direction to the respondent concerned to release the goods (Straw, Bhusa) of the petitioner which is lying in the permises of M/S Mahajan Rice Mill Private Limited, Nokha, Disdtrict Rohtas which has been seized under the SARFEAI Act by the respondent Bank".

3. The learned counsel for the petitioner has stated that

Patna High Court CWJC No.10692 of 2023 dt.09-10-2023 2/2 petitioner is only lease holder and has nothing to do with the loans obtained by the lessor, therefore, the Respondent-Bank may be directed to consider the representation made by him and pass necessary orders.

4. Having regard to the same, without going into the merits or demerits of the case, this Court is of the opinion that the ends of justice would be met if the petitioner is directed to make a representation to the Respondents-Bank for release of the Straw (Bhusha) which is lying in the godown seized by the Bank.

4. The present writ petition is disposed of granting liberty to the petitioner to make a representation to the Respondents-Bank within a period of two weeks from today. On such representation being made, the same shall be considered on its own merits and necessary orders shall be passed within a period of two weeks thereof.

5. With the above direction, the present writ petition stands disposed off.

Bhardwaj/- (A. Abhishek Reddy , J) AFR/NAFR CAV DATE Uploading Date 12.10.2023 Transmission Date