Khadi And Village Industries Commission v. Allahabad Bank

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20225 of 2019 ====================================================== Khadi and Village Industries Commission Bihar State Office, Sheikhpura, P.O.- B.V. College, P.S.- Hawai Adda, Patna, Pin Code- 800014 through its State Director.

... ... Petitioner/s

Versus

1.

Allahabad Bank (A Government of India Undertaking), Zonal Office, Bhagalpur, Devdoot Complex, First Floor, Radha Rani Sinha Road, Bhagalpur.

2.

The Zonal Manager, Allahabad Bank, Zonal Office, Bhagalpur, Devdoot Complex, First Floor, Radha Rani Sinha Road, Bhagalpur. 3.

The Authorized Officer, Allahabad Bank.

4.

Allahabad Bank having its head office at 2, Netaji Subhas Road, Kolkata (West Bengal) Pin Code- 700001 through its Managing Director. 5.

The Branch Manager, Allahabad Bank, Bhagalpur. 6.

Bhagalpur Zila Khadi Gramodyog Sangh, Laxmi Narayan Bhawan, Naya Bazar, Bhagalpur, Pin Code- 812001 through its Secretary. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhanendra Chaubey, Advocate For the Bank :

Mr. Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 13-12-2022 Petitioner has prayed for the following relief(s):- "That this is an application for issuance of an appropriate writ, order or directions to the Respondents-Allahabad Bank for setting aside the E-Auction Proceeding proceeded by the Respondent-Bank under SARFAESI Act with regard to the land bearing Khata No. 35/06 & 53/26, Kheshra No. 62/69 & 71/58 Area 86 Decimals of Village Mohota and Khata No.51, Kheshra No. 104 & 101 Area 10 Decimals of Village Tahbal Nagar in the Bhagalpur District which are mortgaged with the Petitioner and further to stay the E-Auction proceeding till disposal of the writ application and further to

Patna High Court CWJC No.20225 of 2019 dt.13-12-2022 2/2 pass any other relief(s) be granted for which the Petitioner found entitled too."

Learned counsel for the Bank states that the property in question, already stands auction sold; sale certificate issued and possession thereof handed over. As such, present petition has become infructuous.

In any event, the remedy lies under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and not under the instant petition filed under Article 226 of the Constitution of India.

As such, present petition stands disposed of in the aforesaid terms.

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

(Sanjay Karol, CJ) ( Partha Sarthy, J) Prakash/Sujit AFR/NAFR CAV DATE Uploading Date Transmission Date