Niraj Kumar @ Niraj Kumar Singh v. The State Of Bihar And ORS

Patna High Court CWJC No.17327 of 2015 dt.11-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17327 of 2015 =========================================================== Niraj Kumar @ Niraj Kumar Singh, Son of Ram Bilash Singh, Resident of Azad Chowk, Gangjala, P.S.+ District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna.

2. The District Magistrate, Saharsa.

3. The District Certificate Officer, Saharsa.

4. State Bank of India, through Main Branch, Saharsa.

5. The Branch Manager, State Bank of India, Kachahari Branch, Saharsa. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate Miss Manisha, Advocate For the Respondent/s : Mr. Ramadhar Singh, GP25 For the Bank : Mr. Kaushalendra Kumar Sinha, Adv =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 11-09-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. The present writ petition has been filed for a direction to the respondent concerned to calculate the Education Loan granted to the petitioner properly and to settle the matter; and for further direction not to proceed with the certificate case as the petitioner is ready to settle the matter.

3. At the outset itself, this Court takes note of the counter affidavit filed on behalf of the respondent-bank, inter alia, enclosing the statement of account of the petitioner from the period 27.06.2008 onwards (Annexure-A). It has further been stated in para 14 of the counter affidavit that at present the outstanding amount against the

Patna High Court CWJC No.17327 of 2015 dt.11-09-2018 petitioner stands at Rs. 1,35,770/-.

4. Learned counsel for the petitioner states that the petitioner would approach the bank within a period of two weeks from today in order to settle the account and pay the outstanding amount in such instalments as may be fixed by the bank.

5. Having regard to the stand of the petitioner and with the consent of the parties, the writ petition stands disposed of granting liberty to the petitioner to approach the respondent-bank within a period of two weeks from today with a proposal for settling the outstanding amount in the account. If any such proposal is made within the stipulated time, the bank shall consider the same and decide the matter expeditiously.

6. In the meantime, the Certificate Officer, Saharsa shall refrain from taking coercive steps against the petitioner for recovery of the outstanding amount.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 13.09.2018 Transmission Date NA