Patna High Court

Yogesh Kumar GuptaversusThe Union of India

Decided: 8 January 2026
Disposal: WITHDRAWN
Bench: A ABHISHEK REDDY

Holding

The Court allowed the withdrawal of the writ petition and dismissed it, granting the petitioner liberty to pursue SARFAESI Act remedies.

Summary

The petitioner, Yogesh Kumar Gupta, filed a civil writ petition in the Patna High Court challenging actions of the Reserve Bank of India and Utkarsh Small Finance Bank. He later sought the Court's permission to withdraw the writ and instead pursue remedies under Section 17 of the SARFAESI Act, 2002. The Court considered whether a petitioner may be allowed to withdraw a writ petition while preserving the right to seek statutory remedies. It held that the petitioner’s request was permissible and that withdrawal would not prejudice any party. Accordingly, the Court granted permission to withdraw and dismissed the writ petition as withdrawn, leaving the petitioner free to approach the appropriate forum under the SARFAESI Act.

Issues considered

Whether the petitioner may withdraw the writ petition and retain the liberty to invoke remedies under Section 17 of the SARFAESI Act, 2002

Legislation cited

SARFAESI Act, 2002 — s. 17

Subjects

writ petition
withdrawal
SARFAESI Act
Section 17
high court
civil writ jurisdiction

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18181 of 2025
                  ======================================================
                  Yogesh Kumar Gupta Son of Prabhu Sah Proprietor Jai Maa Bhawani Beej
                  Bhandar, resident of Meerganj Sabji Gola Ara, P.S. and District- Bhojpur.
                                                                              ... ... Petitioner/s
                                                     Versus
            1.     The Union of India through the Regulatory Officer, Reserve Bank of India,
                   Patna.
            2.    The Managing Director of RBI, Regional Office, Adharshila Complex, P.S.-
                  South Gandhi Maidan, District- Patna.
            3.    The Board of Director Utkarsh Small Finance Bank, Utkarsh Tower, NH- 31
                  Road Sehmalpur, Kazi Sarai Harhua, P.S.- Badagaon, District- Varanasi.
            4.    The Authorized Officer, Mr. Shakti Bilochan, Utkarsh Small Finance Bank
                  Limited, Zonal Office- 2nd Floor, 134A Patliputra Colony Opposite
                  Polytechnic Gate, P.S.- Patliputra, District- Patna.
            5.     The Bank Manager, Utkarsh Small Finance Bank Ltd., Branch Office,
                   address- Shivganj, Near Durga Mandir, District- Ara.
                                                                        ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s  :        Mr. Shweta, Adv.
                                        :        Mr. Pranjal Kumar, Adv.
                  For Respondent Nos.1&2:        Mr. Rajesh Ranjan, Adv.
                  For the Respondent/s  :        Mr. Rajesh Ranjan
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                        ORAL ORDER

2    08-01-2026                   At the outset, learned counsel appearing on behalf of the

                    petitioner seeks permission to withdraw the present writ petition

                    with liberty to avail the remedies as available under Section 17 of

                    the SARFAESI Act, 2002.

                                  2. Permission is accorded.

                                  3. Accordingly, the present writ petition is dismissed as

                    withdrawn with the aforesaid liberty.


                                                      (A. Abhishek Reddy, J)
Ayush/-

U

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