Disposed

Avinash Kumar v. The State of Bihar

Patna HC21 Mar 2022CWJC/1604/2022

Case brief

AI extract

What is this about?

The High Court allowed the petitioner to submit a representation to the bank manager regarding the return of a mortgaged land deed, directing expedited consideration without expressing an opinion on the merits.

What did the court decide?

Petitioner permitted to file a representation to Respondent 5; authority directed to dispose within three months; liberty reserved for alternative remedies.

Avinash Kumar Vs The State of Bihar — Property and Title | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.1604 of 2022

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Avinash Kumar Son of Harendra Kishore Sharma @ Harendra Roy Resident of Mohalla-Lal Bazar, Ward no.-24, P.S. and P.O.-Bettiah, District-Westt Champaran, Bihar.

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... ... Petitioner/s

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Versus

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

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The Managing Director, Bihar State Financial Corporation, Fraser Road, Patna-800001.

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The Branch Manager, Bihar State Financial Corporation, 1st Lane Agarwa, Motihari-845401.

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The Branch Manager, Financial Corporation Muzaffarpur, DistrictMuzaffarpur.

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The Manager (Finance and Account), Bihar State financial Corporation, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Md. Sufiyan, Advocate Mr. Suman Kumar Mishra, Advocate For the Respondent/s : Mr. Subhash Pd. Singh, G.A. 3 Mr. Raj Nandan Prasad, Advocate Mr. Uma Shankar Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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2 21-03-2022 Petitioner has prayed for the following relief(s):-

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“For issuance of appropriate writ/writs, order/orders, direction/directions commanding to the respondents to return the original deed of the land which was deposited by the father of petitioner as Mortgage against the loan taken from Bihar State Financial Corporation, Patna and further grant relief/reliefs which is deem fit with the circumstances of the case.”

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Patna High Court CWJC No.1604 of 2022(2) dt.21-03-2022 2/3

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Leaving the issue of jurisdiction open, we allow the petitioner to approach the Respondent No. 5, namely, The Manager (Finance and Account), Bihar State financial Corporation, Patna, and file representation inviting attention of the grievances, subject matter of the present petition.

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The authority concerned shall consider and dispose of the representation of the petitioner expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order;

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Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.

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Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

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We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.

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Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and

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Patna High Court CWJC No.1604 of 2022(2) dt.21-03-2022 3/3

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subsequent cause of action;

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We have not expressed any opinion on merits of the

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matter. All issues are left open.

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We expect that the appropriate authority shall consider and decide the petitioner’s application/request expeditiously and preferably within a period of three months from the date of its presentation.

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The petition stands disposed of in the aforesaid terms.

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Interlocutory Application(s), if any, stands disposed of.

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(Sanjay Karol, CJ)

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( S. Kumar, J)

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Sujit/Ashwini

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Avinash Kumar v. The State of Bihar

Case brief

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Avinash Kumar v. The State of Bihar

Case brief

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