Oral order disposing of a writ petition challenging a dispossession order under SARFAESI Act, noting the bank's stand not to proceed against the petitioner hence leaving matter open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2505 of 2025
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Chandan Kumar Burnwal S/o Late Nepal Prasad Burnwal, Resident of Bhagwati Laxmi Market Chowk, P.S.- Chowk, Patna City, District- Patna - 800008.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Saurav Kumar Suman, Advocate. For the Respondent/s : Mr. Government Advocate (03). For the HDFC Bank : Mr. Vivekanand Singh, Advocate. Mr. Amit Singh, Advocate.
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER
7 17-09-2025 Heard learned counsel for the parties.
Patna High Court CWJC No.2505 of 2025(7) dt.17-09-2025 2/4
following reliefs:-
“(i) Issue a writ of Certiorari, or any other appropriate writ, order, or direction, quashing the impugned order dated 04.10.2024, issued vide Letter No. 631 by Learned District Magistrate, Patna referred in memo No. 7 dated 02.01.2025 (Annexure-P/8) and issued by the Sub-Divisional Officer, Patna City, which directs the petitioner’s dispossession from his legally owned residential property without disclosing the details of the proceedings or the basis of execution, without affording him an opportunity of hearing, and despite the fact that the property is lawfully owned by the petitioner and mortgaged with HDFC Bank, thereby violating the principles of natural justice and due process of law.
(ii) Issue a writ of mandamus, or any other appropriate writ, order, or direction, restraining the respondents from taking any coercive action, including dispossession of the petitioner from the subject property, for the execution of an order purportedly passed under undisclosed SARFAESI Proceedings, which appears to have been obtained through misrepresentation, suppression of material facts and fraud, pending final adjudication of the petitioner’s property rights before the competent court.
(iii) Issue a writ, order, or direction declaring that the impugned orders dated 04.10.2024 and 02.01.2025 are illegal, arbitrary, and unenforceable, as it seeks to execute an undisclosed
Patna High Court CWJC No.2505 of 2025(7) dt.17-09-2025 3/4
SARFAESI order against a property that is already under adjudication in Execution Case No. 136/2017, Title Suit No. 364/2015, and Complaint Case No. 605/2016, thereby violating judicial propriety and the petitioner’s constitutional rights under Article 300A of the Constitution of India.
(iv) Issue a writ, order, or direction, directing the concerned authorities to conduct an independent inquiry into the fraudulent actions of Respondents No. 7 & 8 (Private individuals) and Respondents No. 3 & 4 (financial institutions) who have engaged in forgery, fabrication of documents, and suppression of material facts to unlawfully obtained multiple orders from different forums, including by changing company names and addresses to evade judicial scrutiny and mislead the authorities.
(v) Issue a writ, order or direction directing the concerned authorities to protect the petitioner's lawful ownership and possession of the property and ensure that he is not dispossessed arbitrarily or deprived of his property in violation of the principles of natural justice, due process of law, and his constitutional rights under Article 300 A of the Constitution of India.”
namely, Poonawalla Fincorp Limited (erstwhile known as Magma Fincorp Limited) a specific stand has been taken that the Respondent-Bank, Poonawalla Fincorp Limited are not
Patna High Court CWJC No.2505 of 2025(7) dt.17-09-2025 4/4
going to proceed against the petitioner under the SARFAESI Act. Learned counsel submits that the earlier notices issued under the SARFAESI Act will not be acted upon and in case, they need to proceed against the petitioner, they shall do so strictly in accordance with law.
(A. Abhishek Reddy, J)
shakir/-
U
Chandan Kumar Burnwal
The State of Bihar
The Sub-Divisional Officer, Patna City
Poonawalla Fincorp Limited
Magma Fincorp Limited
HDFC Bank Limited
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
