Fultun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19461 of 2025 ====================================================== Fultun Kumar Son of Anandi Singh, resident of Village-Madhurapur, Ward No. 14, Anchal-Teghra, P.O.-Barauni, District-Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate cum Collector, Begusarai. 2.

The Additional Collector, Begusarai.

3.

The Superintendent of Police, Begusarai.

4.

The Sub-Divisional Police Officer, Teghra, District-Begusarai. 5.

The Sub-Divisional Officer, Teghra, District-Begusarai. 6.

The Block Development Officer, Teghra, District-Begusarai. 7.

The Circle Officer, Teghra, District-Begusarai. 8.

The Authorized Officer I.C.I.C.I. Bank, Begusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Respondent/s :

Mr. Government Pleader (23) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 15-04-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The writ petition has been filed for the following reliefs :- (i) To issue an appropriate order/s, direction/s including a writ preferably in the nature of CERTIORARI for quashing the order as contained in memo No.291 dated 08.06.2025 issued to the petitioner under the signature of Sub-Divisional Officer, Teghra (Hereinafter referred to as respondent No.5) whereby and whereunder respondent No.6 and 7 has been appointed Magistrate to take possession of secured asset in favour of respondent i.e. I.C.I.C.I. Bank, Begusarai land measuring 02 katha appertaining to Thana No.335, Khata No.3774, Khesra No. 8387 situated in Mauza Barauri, P.S.- Teghra, District- Begusarai in view of the request made by the bank in terms of section 14 of Securitization and Reconstruction of

Patna High Court CWJC No.19461 of 2025(2) dt.15-04-2026 2/2 Financial Assets and Enforcement of Security Interest Act 2002 for the sake of brevity SARFAESI Act 2002.

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

3. Learned counsel for the petitioner for invoking alternative remedy as provided under Section 17 of the Sarfaesi Act seeks permission to withdraw the present writ petition.

4. In view of the submissions so made, the writ petition is directed to be withdrawn with liberty to take appropriate remedy.

5. The issue of limitation shall be guided by the law of limitation which shall be raised by the petitioner for ventilating his grievances.

6. It is made clear that within two weeks, the petitioner shall be take appropriate remedy and during this period, the status quo shall be maintained and for further continuation, the petitioner is at liberty to make appropriate prayer before the authority.

7. Accordingly, the writ petition stands disposed of. (Ajit Kumar, J) sharun/- U