Vishal Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16777 of 2024

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Vishal Kumar Son of Krishna Nandan Prasad, resident of 102, Om Complex, S.P. Verma Road, Patna Bihar- 800001, P.O. - G.P.O. and P.S.- Kotwali, Patna, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate, Patna Bihar.

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The District Magistrate, Patna Bihar.

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The Bank of Baroda through its Chairman having its registered office at Baroda Bhawan, 7th floor, R.C. Dutt Road, Vadodara.

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The Chairman, Bank of Baroda having its registered Office at Baroda Bhawan, 7th floor, R.C. Dutt Road, Vadodara.

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The Branch Manager Bank of Baroda, Branch Office Exhibition Road, Patna Bihar 800001

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The Branch Manager, Bank of Baroda, ROSARB Branch, 1st Floor, Saryug Complex, Nehru Nagar, Patliputra, Patna Bihar 800013.

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White house Apartment owners Association, A Society registered under the societies Registration Act, 1860 having its office at White house Apartment, Behind Bhumi Vikas Bank, Buddha Marg, Patna - 800001 through its secretary, Sri Awadh Kishore Rajgarhia, Son of Late Champa Lal Rajgarhia, aged about 65 years, resident of Flat no. B-702, White House Apartment, Near Bhumi Vikas Bank, Buddha Marg, Patna - 800001.

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... ... Respondent/s

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=============== Appearance :	====	===================================
For the Petitioner/s	: : : :	Mr. Sanjeev Kumar Mishra, Sr. Adv. Ms. Manini Jaiswal, Adv. Mr. Manas Rajdeep, Adv. Mr. Shubham Kumar Upadhyay, Adv.
For Bank of Baroda	:	Mr. Santosh Kumar Singh, Adv.
For Intervener	: : : :	Mr. Nikhil Kr. Agarwal, Adv. Ms. Aditi Hansaria, Adv. Mr. Yash Sahay, Adv. Mr. Keshav Bhardwaj, Adv.
For the Respondent/s ===============	: ====	Mr. Government Pleader (3) ===================================

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

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9 29-04-2025

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Pursuant to the order dated 23.04.2025, learned

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counsel appearing on behalf of the respondent-Bank has stated that he has necessary instructions from the Bank stating that the

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Patna High Court CWJC No.16777 of 2024(9) dt.29-04-2025 2/3

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Bank is ready to register the sale certificate/ sale-deed in favour of the petitioner subject to the final outcome of the S.A. No. 66 of 2024 which is pending before the Hon’ble DRT, Patna. Having regard to the same, the present writ petition is disposed of directing the respondent-Bank to register the sale certificate/ sale-deed in favour of the petitioner as expeditiously as possible preferably within a period of two weeks from the date of receipt of a copy of this order.

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The learned counsel appearing on behalf of the respondent No. 7 / Association has prayed for safeguarding the interest of the association as the sale of the subject property was on as is where is basis and that there are dues of maintenance pending on the subject property and that the petitioner may be directed to pay the same. This Court is not inclined to grant any relief in favour of the respondent No. 7 as the writ petition is not filed by the respondent No. 7. However, liberty is granted to the respondent No. 7 to avail the legal remedies as available to them under the law for recovery of any maintenance dues, if any over the subject property.

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Learned counsel for the petitioner has prayed this Hon’ble Court to direct the respondent-Bank to pay interest on the amounts paid by the petitioner from June, 2024, till the

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Patna High Court CWJC No.16777 of 2024(9) dt.29-04-2025 3/3

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registration of sale certificate/ sale deed, this Court is not inclined to grant the said relief as the amount is deposited pursuant to the participation of the petitioner in the auction conducted by the Bank for sale of the mortgaged property and the delay caused in registration of the sale certificate/ deed cannot be ground for paying any interest, therefore, prayed is rejected.

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With the above directions, the present writ petition

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stands disposed of.

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(A. Abhishek Reddy, J)

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Ayush/-

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U

Vishal Kumar v. The State of Bihar

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Vishal Kumar v. The State of Bihar

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