Daya Rani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2028 of 2020 ====================================================== Daya Rani Devi W/o Gopal Singh, Resident of Village and Post Dumri, P.S. Muffasil, District-Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna.

2.

The District Magistrate, Begusarai.

3.

The Branch Manager, Sri Ram Transport Finance Co. Ltd. Branch Begusarai, office-At and Post-Kapasiya, P.S. and District-Begusarai. AtOSHO House 2nd Floor. 4.

The General Manager of Sri Ram Transport Finance Co. Ltd., Head Office 2nd Floor, Moomkambika Complex-4 lady Desika Road Mylapore, Chennai-600 004.

5.

Niraj Kumar Singh, S/o Anil Kumar Singh, At and P.O. and P.S. Dharampur Masha, Anchal Garpura, P.S. Garpura, District-Begusarai. 6.

Lalan Kumar Sinha alias Lalan Kr. Singh, Son of Anil Kumar Singh, At and P.O. and P.S. Dharampur Masha, Anchal Garpura, P.S. Garpura, DistrictBegusarai. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Respondent/s :

Mr.Anil Kr. Singh (GP 26) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 20-09-2022 Petitioner has prayed for the following relief(s): "(i) For issuance of an appropriate writ, direction commanding the respondent authorities to give the detail of the due loan amount of the petitioner as the respondent no.3 not providing the detail of calculation of loan

Patna High Court CWJC No.2028 of 2020 dt.20-09-2022 2/3 amount due against her.

(ii) For issuance of an appropriate writ, direction commanding the respondent authorities to take the same in equal installment within a year.

(iii) For issuance of an appropriate writ, direction commanding the respondent authorities to give possession of the property of petitioner as detail the movable property in respect of bearing Truck Registration No. (vehicle) No. WB11B0034 which has purchased by the petitioner but authority has sold it.

(iv) For issuance of an appropriate writ, direction commanding the respondent authorities to restrain to the respondent either realized the due loan amount of the vehicle or take possession of the vehicle or sold it.

(v) To grant of other relief or reliefs for which the petitioner is entitled from the facts and circumstances of the case."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law.

Prayer allowed.

Patna High Court CWJC No.2028 of 2020 dt.20-09-2022 3/3 The petition is disposed of as withdrawn with the liberty aforesaid.

Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.

It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS AFR/NAFR CAV DATE Uploading Date 23.09.2022 Transmission Date