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Patna High CourtCWJC/1786/2012dismissed

Dilsher Ansari v. The State Of Bihar And ORS

2016-06-21Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23229 of 2011 =========================================================== M/S Shiv Shakti Chawal Udyog through its Proprietor Pramod Kumar, son of Late Krishnalal Sah, resident of village- Shankar Saraiya (Fateh Tola), P.S.- Turkaulia, District- East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar through Secretary Industries, Bihar, Patna

2. The Area Manager, State Bank of India, Muzaffarpur

3. The Branch Manager, State Bank of India, Turkaulia Branch, East Champaran

4. The Director, Khadi and Village Industries Commission, B.V. College, Sheikhpura, Patna-14

5. The Deputy Director, Khadi And Village Industries Commission, B.V. College, Sheikhpura, Patna-14

6. The Manager, Khadi and Village Industries Commission, East Champaran, Motihari

7. The Certificate Officer, East Champaran, Motihari .... .... Respondents with =========================================================== Civil Writ Jurisdiction Case No. 409 of 2012 =========================================================== M/S Soni Flour Mill through its Proprietor Sadre Alam son of Sk. Mahamuddin, resident of village-Shanker Saraiya (Fateh Tola), P.S.-Turkaulia, District-East Champaran .... .... Petitioner

Versus

1. The State of Bihar through Secretary Industries, Bihar, Patna

2. The Area Manager, State Bank of India, Muzaffarpur

3. The Branch Manager, State Bank of India, Turkaulia Branch, East Champaran

4. The Director, Khadi and Village Industries Commission, B.V. College, Sheikhpura, Patna-14

5. The Deputy Director, Khadi and Village Industries Commission, B.V. College, Sheikhpura, Patna-14

6. The Certificate Officer, East Champaran, Motihari .... .... Respondents with =========================================================== Civil Writ Jurisdiction Case No. 1786 of 2012 =========================================================== Dilsher Ansari, son of Hussain Jan Ansari, Proprietor M/S Swastik Oil Mill, Resident of Parsurampur Chowk, P.S.- Turkaulia, District - East Champarna .... .... Petitioner

Versus

1. The State of Bihar through Secretary, Industries, Bihar, Patna

Patna High Court CWJC No.23229 of 2011 dt.21-06-2016 2/3

2. The Area Manager, State Bank of India, Muzaffarpur

3. The Branch Manager, State Bank of India, Turkaulia Branch, East Champaran

4. The Director, Khadi and Village Industries Commission, B.V. College, Sheikhpura, Patna - 14

5. The Deputy Director, Khadi and Village Industries Commission, B.V College, Sheikhpura, Patna - 14

6. The Certificate Officer, East Champaran, Motihari .... .... Respondents =========================================================== Appearance :

(In CWJC No.23229 of 2011) For the Petitioner : M/s. Dilip Kumar Tondon and Prateek Tondon, Advocates For the Respondent (SBI) : M/s. Kaushlendra Kumar Sinha and Anjani Kumar Mishra, Advocates (In CWJC No.409 of 2012) For the Petitioner : M/s. Dilip Kumar Tondon and Prateek Tondon, Advocates For the Respondent (SBI) : M/s. Kaushlendra Kumar Sinha and Anjani Kumar Mishra, Advocates (In CWJC No.1786 of 2012) For the Petitioner : M/s. Dilip Kumar Tondon and Prateek Tondon, Advocates For the Respondent (SBI) : M/s. Kaushlendra Kumar Sinha and Anjani Kumar Mishra, Advocates =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 21-06-2016 The present writ petitions have been filed for a direction to the respondents to grant benefit of subsidy to the petitioners respectively to which they were entitled in respect of a loan of Rs. 5,00,000/- sanctioned in the year 2007, but such subsidy has not been granted to the petitioners.

2. At the very outset, learned counsel for the respondent-Bank raises a preliminary objection to the effect that the writ petitions have now become infructuous in view of the loan accounts of the three petitioners having since been settled and

Patna High Court CWJC No.23229 of 2011 dt.21-06-2016 3/3 payments in full having been made after compounding. The loan accounts have now been closed as evident from the statement enclosed as Annexure-D to the counter affidavit on the basis of the proposal made by the petitioners. The facts in this regard have not been disputed by the petitioners.

3. Having regard to the facts and circumstances of the case and that the petitioners have now settled the loan accounts and made payments to the satisfaction of the respondent-Bank, the present writ petitions have now become infructuous and stand dismissed. (Vikash Jain, J) N.H./- AFR/NAFR NAFR CAV DATE Uploading Date 25-06-2016 Transmission Date