Disposed

Jay Shankar Prasad v. Birendra Kumar Choudhary

Jharkhand HC20 Jul 2022WPC/1187/2020

Case brief

AI extract

What is this about?

Writ petition challenging a newspaper notice for property sale auction in an R.P. case was disposed of as the court declined to interfere with the notice, directing the Debt Recovery Tribunal to hear any interested parties who file a show-cause application.

What did the court decide?

Petition disposed; no interim stay or directive granted to the Debt Recovery Tribunal at this stage regarding staying the auction proceedings.

Jay Shankar Prasad Vs Birendra Kumar Choudhary — Jharkhand HC (2022) — LawSathi Research

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IN THE HIGH COURT OF JHARKHAND AT RANCHI [Civil Writ Jurisdiction]

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W.P.(C ) No. 1187 of 2020

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Jay Shankar Prasad .... .. ... Petitioner Versus Birendra Kumar Choudhary & Anr. .. ... ... Respondents

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CORAM : HON'BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner : Mr. Srijit Choudhary, Advocate For the respondents

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07/ 20.07.2022 . Defects as per office note dated 18.07.2022 is hereby ignored for the present.

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Heard, learned counsel for the petitioner, Mr. Srijit Choudhary.

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Learned counsel for the petitioner has submitted, that petitioner, Jay Shankar Prasad has preferred this writ petition for setting aside the Sale notice dated 23.09.2019 (Annexure-1) published in Dainik Bhaskar and Hindustan, local Hindi daily newspaper by which the Schedule property at MouzaJamboni, P.S. Dhalbhumgarh, District- East Singhbhum recorded under Khata No.142, 143, 144, 145, 146, 147, 149, 150, 151, 153, 154, 155, 156, 158 comprising of several plots of land being plot No.368, 359, 369, 354, 352, 353, 346, 348, 351, 350, 367, 363, 361, 362, 355, 366, 360, 364, total area 16.69 acres has been put into sale auction.

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Learned counsel for the petitioner has further submitted, that court may stay the R.P. Case No.102/2017 (Arising out of O.A. No.43/11) pending before the Debt Recovery Tribunal, Ranchi.

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Learned counsel for the petitioner has further submitted, that purpose of publishing notice is to invite attention of the person whose interest is devolved in the property, but if the show-cause is not being heard or opportunity is not being given, the purpose of official notice is frustrated, as such, this Court may direct the Debt Recovery Tribunal to hear the parties, pursuant to the notice issued in the newspaper.

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Considering the submissions, this Court is not inclined to interfere with the notice published in the newspaper. However, if notice has been issued, it means that invitation has been given to all interested persons that they can file their show-cause and place their case before the concerned authority.

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However, if such application is filed, it is the duty of Debt Recovery Tribunal to look into such application.

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Accordingly, the instant writ petition is disposed of.

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(Kailash Prasad Deo, J.)

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R.S.

Jay Shankar Prasad v. Birendra Kumar Choudhary

Case brief

What is this about?

What did the court decide?

Jay Shankar Prasad v. Birendra Kumar Choudhary

Case brief

What is this about?

What did the court decide?

What the court decided

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