Lal Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 20975 of 2019 ====================================================== Lal Babu Sah Son of late Babban Sah, Resident of Village- Raghunathpur Madhuban, P.S. Maniyari Anchal Turki (Kurhani), Distt. Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector Cum District Magistrate, Muzaffarpur.

2.

The Senior Deputy Collector District Legal Section Muzaffarpur. 3.

The Authorised Officer, Canara Bank Ramdayalu Nagar Muzaffarpur. 4.

The Branch Manager, Canara Bank Ram Dayalu Nagar, Muzaffarpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Sarvesh Kumar, GP-24 Mr. Manoj Kumar, AC to GP-24 For the Resp. Nos. 3&4:

Mr. Shivendra Shankar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-12-2022 Petitioner has prayed for the following relief(s):- "(i) To issuance appropriate order/s direction/s including a a writ preferably in the nature of CERTIORARI for quashing the memo no. 304

Patna High Court CWJC No. 20975 of 2019 dt.15-12-2022 2/3 dated 7.2.19 issued from the office of respondent no. 1 under section 14 of the SARFEESAI Act 2002 connection with SARFEASI Case No.

11/2009 - 10 whereby and whereunder the respondent no.03 the secured creditor under 2(2) of Act has requsted to take action against the petitioner and directed to deposit the loan amount with interest within a week failing which necessary action shall be taken (ii) To Direct the respondent no.03 to allow the petitioner to deposit time a sum of Rs. 1,94,730-40 within a reasonable period of time taking into the consideration of the petitioner's poor financial condition.

(iii) To any other relief/s to which the petitioner may be found entitled in the facts and circumstances of the case."

On 12.12.2022, we had passed following order:- "Despite repeated calls, none has entered appearance on behalf of the petitioner.

However, in the interest of justice, matter is adjourned.

List this case on 15th of December, 2022, in the category of "Order Matters"."

Even today, despite repeated calls, none has entered appearance on behalf of the petitioner.

Patna High Court CWJC No. 20975 of 2019 dt.15-12-2022 3/3 As such, the present petition stands dismissed for default.

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

(Sanjay Karol, CJ) (Partha Sarthy, J) avinash/PKP AFR/NAFR CAV DATE Uploading Date 20.12.2022 Transmission Date