Ajeet Kumar Sinha, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12451 of 2025 ====================================================== Ajeet Kumar Sinha, S/o S. P. Ambastha Permanently Resides at Flat No.- 517, Block Jyotipuram Apartment, Mohalla- Jagdeo Path, Beli Road, P.O.- B.V. College, P.S.- Hawai Adda, Dist.- Patna, Presently Resident of 2nd Floor, Infornt of A/6, Rani Mahal, Mohalla- Ajanta Colony, P.O.- Keshri Nagar, P.S.- Ashiayana Nagar, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Chief Secretary, Bihar, Patna. 2.

The District Magistrate-cum-Collector, Patna Collectriate Campus, Gandhi Maidan, Patna.

3.

The Sub Divisional Officer, Patna Sadar, Patna Collectriate Campus, Gandhi Maidan, Patna.

4.

Smt. Neetu Paul, Executive Magistrate, Patna Sadar, Patna. 5.

The Zonal Manager, ICICI Bank Tower, Near Chakli Circle, Old Padra Raod, Vadodra, Gujrat.

6.

The Regional Manager, ICICI Bank, Patna, Bihar. 7.

The Branch Manager, ICICI Bank Ltd., Near Panchmukhi Mahavir Mandir, East Boring Canal Road, Patna.

8.

The Authrorised Officer, ICICI Bank Ltd., Near Panchmukhi Mahavir Mandir, East Boring Canal Road, Patna.

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

For the Petitioner/s :

Mr.Ajeet Kumar Sinha ( In Person ) For the Respondent/s :

Mr.Addl. Advocate General (12) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2025

1. Heard the parties.

2. The petitioner has filed the present writ application for quashing the intimation / possession notice 10.07.2025 issued by the respondent - ICICI Bank Ltd. directing the petitioner to deposit Rs. 56,66,902/- along with interest under the SARFAESI Act, 2002 and the memo no. 2327 dated 20.06.2025 issued by the Sub Divisional Officer, Patna Sadar, whereby and where

Patna High Court CWJC No.12451 of 2025(4) dt.23-12-2025 2/2 under Executive Magistrate, Patna Sadar, Patna has been directed to get the flat of the petitioner vacated.

3. Learned counsel for the ICICI Bank submits that there is provision for appeal under Section 17 of the SARFAESI Act and the petitioner can avail his remedy before the Debt Recovery Tribunal, Patna.

4. Considering the fact that the present case arises out of the SARFAESI Act and an amount of Rs. 56,66,902/- is outstanding, the present writ application is disposed with liberty to the petitioner to file an appeal before the Debt Recovery Tribunal, Patna within a period of 30 days from today.

5. If such an application is filed by the petitioner, the same shall be disposed by the Debt Recovery Tribunal, Patna in accordance with law after giving opportunity of hearing to all concerned.

6. With the aforesaid observations and directions, this writ application stands disposed of.

(Anil Kumar Sinha, J) praful/- U