Disposed¶37

Suman Kumar v. The State of Bihar

Patna HC20 Jul 2026CWJC/9476/2023

Case brief

AI extract

What is this about?

Education loan; one-time settlement; EMI partial waiver; five-year extension of repayment; inability to secure employment; maintainability under Section 226 of the Constitution of India; representation before Regional Manager, Bihar Gramin Bank; merger of Uttar Bihar Kshetriya Gramin Bank and Dakshin Bihar Kshetriya Gramin Bank; Patna High Court Civil Writ Jurisdiction Case No.9476 of 2023; writ petition disposed of with liberty to file representation.

What did the court decide?

Liberty to the petitioner to file a representation before the Regional Manager, Bihar Gramin Bank or any other competent authority within one month of receipt of a copy of the order; the concerned authority to pass an appropriate order within three months of filing. ¶37

Suman Kumar Vs The State of Bihar — Writ and Judicial Review | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to closure of his education loan by one-time settlement payment, or extension of at least five years for repayment, or repayment in equated monthly installments (EMI) with a partial waiver of the originally due amount. +1 more

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Ratio / Principle

As there is no infringement of any legal/fundamental right or violation of the principles of natural justice, the question of entertaining the writ petition under Section 226 of the Constitution of India does not arise.

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Key takeaways

The Court granted the petitioner liberty to file a representation before the Regional Manager, Bihar Gramin Bank or any other competent authority within one month from the date of receipt of a copy of the order.ratio¶33
The concerned authority shall pass an appropriate order on the representation within three months from the filing of the same.ratio¶35
Interlocutory Application(s), if any, shall stand disposed of.ratio

Detailed headnote1 paragraphs

Writ petition under Section 226 of the Constitution of India by an education-loan borrower seeking (i) closure of the loan by one-time settlement of an amicable amount, or (ii) extension of at least five years for repayment, or (iii) repayment in EMIs with partial waiver of the originally due amount, on the ground of inability to secure employment. The Court observed that there being no infringement of any legal/fundamental right or violation of the principles of natural justice, the question of entertaining the writ petition under Section 226 of the Constitution of India does not arise. The writ petition was disposed of with liberty to the petitioner to file a representation before the Regional Manager, Bihar Gramin Bank — stated to be the merged entity of Uttar Bihar Kshetriya Gramin Bank and Dakshin Bihar Kshetriya Gramin Bank — or any other competent authority within one month, with the concerned authority to pass an appropriate order within three months of filing. Interlocutory application(s), if any, stood disposed of.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9476 of 2023

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Suman Kumar Son of Sri Chandrika Prasad Resident of Village-Barewa, P.O.Chandanbara, P.S.-Dhaka, Via-Kundwa Chainpur, District-East Champaran.

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... ... Petitioner/s

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Versus

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

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The Additional Chief Secretary, Department of Finance, Government of Bihar, Patna.

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The Additional Chief Secretary, Department of Education, Government of Bihar, Patna.

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The Uttar Bihar Kshetriya Gramin Bank, Motihari (East Champaran), Bihar, through its Regional Manager

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The Regional Manager, Uttar Bihar Kshetriya Gramin Bank, Motihari (East Champaran), Bihar.

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The Branch Manager, Uttar Bihar Kshetriya Gramin Bank, Kusumkawa Branch, Kushumahwa Bazar, P.O.-Chandanbara Via Kundwa Chainpur, Motihari (East Champaran), Bihar.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Pramod Mishra, Adv. For the Respondent/s : Mr.Sarvesh Kumar (GP-24) Mr. Prabhakar Jha, Adv.

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====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY

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ORAL JUDGMENT

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Date : 20-07-2026

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1 . The Writ petition has been filed for the following reliefs:-

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“(i) To allow the petitioner to close his education loan in question by way of making onetime settlement payment of an amicable amount which he can afford/manage to pay

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Patna High Court CWJC No.9476 of 2023 dt.20-07-2026 2/4

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in view of his and his family's current financial situation.

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(ii) grant the petitioner an extension of at least five years for making the repayment of the education loan amount due against him, as currently he and his family are not in a position to make the repayment of the full loan amount immediately.

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(iii) grant the petitioner an opportunity to make the repayment of the loan amount in equated monthly installment (EMI) with a partial waiver in the originally due amount.

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And/Or

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(iv) Any other relief or reliefs for which the Petitioner is found entitled to in the facts and circumstances of the case.”

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2 . It is the specific contention of the Learned counsel for the petitioner that the petitioner could not repay the education loan amount on account of his inability to secure employment. Therefore, the petitioner seeks an extension of time for repayment of the loan for a further period of five years, along with a partial waiver of the Equated Monthly

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Patna High Court CWJC No.9476 of 2023 dt.20-07-2026 3/4

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Installments (EMIs). As, there is no infringement of any legal/ fundamental right or violation of the principles of natural justice, the question of entertaining the present Writ petition under Section 226 of the Constitution of India does not arise.

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3 . At this juncture, the Learned counsel for the petitioner seeks liberty to file an appropriate representation before the competent bank authorities for consideration of the petitioner’s request on sympathetic grounds.

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4 . The Learned counsel appearing for the respondents submits that after merger of Uttar Bihar Kshetriya Gramin Bank and Dakshin Bihar Kshetriya Gramin Bank, the merged entity is now Bihar Gramin Bank, and the Regional Manager is the competent authority to consider such a request.

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5 . Considering the facts and circumstances of the case, this Court grants liberty to the petitioner to file a representation before the Regional Manager, Bihar Gramin Bank or any other competent authority within a period of one month from the date of receipt of a copy the order. In turn, the concerned authority

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Patna High Court CWJC No.9476 of 2023 dt.20-07-2026 4/4

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shall pass an appropriate order within a period of three months from the filing of the same.

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6 . With the aforesaid observations, the Writ

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petition stands disposed of.

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7. Interlocutory Application(s), if any, shall stand disposed of.

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(G. Anupama Chakravarthy, J)