Rajesh Panjiyar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5900 of 2018 =========================================================== Rajesh Panjiyar Son of late Ram Naresh Panjiyar Resident of Village- Arariya, Police Station- Sonbarsa, District- Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar, through the Chief Secretary, Government of Bihar at Patna.

2. The Principal Secretary, General Administration, Government of Bihar at Patna.

3. The Principal Secretary, Revenue Department, Government of Bihar at Patna.

4. The Commissioner, Division Muzaffarpur, District- Muzaffarpur.

5. The Collector, District- Sitamarhi.

6. The District Certificate Officer, District- Sitamarhi.

7. The Branch Manager, Syndicate Bank, Branch- Kamaldah, District- Sitamarhi. .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Shailendra Kumar Dwivedi, Adv. For the Respondents : Mr. Sajid Salim Khan, SC-25 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.

2. Learned counsel for the petitioner states that pursuant to the order dated 06.04.2018, the petitioner has since been released from custody.

3. Learned counsel for the respondent-Bank invites reference to paragraph 5 of the writ petition from which it is abundantly clear that the petitioner is not disputing the liability rather it has been stated that installments were not being paid on the rumour that agricultural loan has been waived by the Government.

Patna High Court CWJC No.5900 of 2018 dt.08-05-2018

4. Learned counsel for the petitioner submits that certificated amount requires to be reduced by the amount of sale proceeds recovered through sale of tractor and some payments made to the Bank credit which requires to be given.

5. Having heard the parties and on consideration of the materials on record, the writ petition stands disposed of with a direction to the respondent-Bank to furnish calculation chart of the outstanding amount, as on date, to the petitioner within a period of one week from today, after grant of an opportunity to the petitioner of being heard. It shall be the responsibility of the petitioner to receive the calculation chart from the Bank as and when tendered. Thereafter the petitioner shall be at liberty to approach the Certificate Officer with a schedule of proposed payments to clear the outstanding dues and in such event the Certificate Officer shall pass necessary orders in accordance with law.

6. The writ petition stands disposed off with the aforesaid observations and directions.

(Vikash Jain, J) Md. Ibrarul/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 17.05.2018 Transmission Date N.A.