Patna High Court - Orders
Ranju Sahani @ Ranju Sahani Kumari And ... vs The State Of Bihar on 5 December, 2024
Author: A. Abhishek Reddy
Bench: A. Abhishek Reddy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.16238 of 2024
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1. Ranju Sahani @ Ranju Sahani Kumari and Another Wife of Madan Kumari
Sahani Resident of Mohalla-Hoogly Station Road Hugli Chinsurah (m)
Hoogly Police Station Hoogly, District Hoogly (West Bangal), Sahni, At
Presnt Resident of Mohalla-Mahendru Patna, Police Station-Sultanganj,
District-Patna.
2. Munni Devi Wife of Raj Kumar Singh Resident of Mohalla-Sabalpur 28.
Patna, Police Station-Sonpur, District-Saran at Present Resident of Mohalla-
Gulvighat near Dr. Arun Tiwary Sultanganj Police Station-Sultanganj,
District-Patna. ... Petitioners
Versus
1. The State of Bihar
2. The Director General of Police, BIhar, Patna.
3. The District Magistrate, Patna.
4. The Sub-Divisional Magistrate, Patna.
5. The Senior Superintendent of Police Patna, Bihar.
6. The Officer In-Charge, Pirbohore P.S., Patna, Bihar.
7. The Autorized Officer, recovery Sanction Regional Office Patna Cenra Bank
(Syndicate), Patna Ashok Rajpath (D.P. Code-4957) ... Respondents
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Appearance :
For the Petitioners : Mr.Satish Kumar, Adv.
For the State : Mr. Mr. Khurshid Alam, AAG XII
For Respondent No. 7 : Mr. Manish Kishore, Adv.
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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 05-12-2024Heard the parties.
2. The present writ petition has been filed for the following relief(s) :
".......... for the issuance of a writ in nature of 'Mandamus' or some other appropriate writ or writs or orders or directions for quashing Of Annexure- 1 and directing the respondent authorities to allow the petitioner to continue in her hundred and one year old Dwelling House all that on part and parcel of Standing situated at Mauza- Sandalpur, Khata no. 14, Thana No.11, Circle no.47 Ward No.14/20 Tauzi no.303 Surve plot no.184 Jamabandi no.234.Halka Patna High Court CWJC No.16238 of 2024(2) dt.05-12-2024 2/3 Bankipur, P.S.-Sultanganj.Circle- Patna sadar, Oatna, Sub-registry-Patnacity, Patna, District-Patna total extent-679.10 Squarefit 1.56 Decimal as Boundary:-
North- Nathuni Mahto, South- Ramchandera Yadav, East- Bir Bahadur Singh, West- Gulbi Ghat asname of holder. Mrs. Munni Deci w/o- Mr. Raj kumar Singh relating to which the petitioner had been coming in actual physical possession even the petitioner has been served with a notice dated 17.05.2024 fixing 29.08.2024 to take stern action to remove/oust the house dwellers( The owners and the Renters about 100 in numbers) including the petitioners which has been standing there for more than ten decades, a very old dwelling house which has allegedly, been orally morgatgaged sometimes in the years 2022 as not any deed relating the Dwelling hose against loan for reparing the Dwelling House) by the petitioner for of interest-17.95%- annually in favor of M/S- Om Sainath trading Company. Properiters Mrs. Ranju Sahani kumar, Mitha, Patna, Bihar-800001, Ranju Sahani Kumari wife of Madan the purpose of business taking MSME-OD/OCC Loan No. 125003046359 date of sanction 21.11.20022 Amount Rs.24,99,500/-,Rate Kumar Sahni, Age about 45 years Resident of Mohalla Mahendru Patna, Police Station-
Sultanganj, District Patna as (Borrower) Munni Devi wife of Raj Kumar Singh, Age about 35 years Resident of Mohalla Gulvighat near Dr. ArunTiwary Sultanganj Police Station Sultanganj, District Patna- 800006 as(Mortgagor) whereas securities value of land and buliding45,15,300 dated 05.11.2022. by Er. Arvind Kumarlegal obtained by Dhanajay Kumar. Which the ill fated petitioners had to face some problems but petitioners had been payment 4,70,000/- since period 29 August 2023 to September 2024 whereas the bank took stern action through the private Bouncers/Musselsmen in getting possession by over powering the House Dwellers for ousting all of the man handling assaulting abusing and snatching Patna High Court CWJC No.16238 of 2024(2) dt.05-12-2024 3/3 the mobiles and restraining to take any videograph of the Barbarism of the respondent Bank Canera Bank(Syndicate) then which is required to be protected for the time being to meet the ends of Justice."
3. Having regard to the Judgment of Hon'ble Supreme Court as reported in (2024) 2 SCC 1 (CELIRLLP V. BAFNA MOTORS (MUMBAI) PVT LTD & ORS), this Court is not inclined to entertain the present writ petition. The present CWJC is disposed of leaving it open to the petitioner to challenge the sale notice or any other order, aggrieved before the appropriate forum as available under the SARFAESI Act or any other law.
4. With the above direction, the present writ petition stands disposed of.
(A. Abhishek Reddy , J) Shamshad/-
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