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Patna High Court

Sanjay SinghversusThe Zonal Manager

Decided
Disposal
DISMISSED

Holding

The petition is dismissed as infructuous because the SARFAESI notices were withdrawn.

Summary

Petitioner Sanjay Singh filed a writ petition challenging notices issued by State Bank of India under Sections 13(2) and 13(4) of the SARFAESI Act, 2002. The bank submitted a letter dated 16‑06‑2026 indicating that those notices had been withdrawn. The court examined whether the petition remained viable after the withdrawal of the notices. It held that the withdrawal rendered the petition infructuous as there was no longer any operative relief to be granted. Consequently, the petition was dismissed as infructuous. The court, however, granted the petitioner liberty to pursue any other legal remedies that may arise.

Issues considered

  • Whether a writ petition challenging SARFAESI notices survives when the notices are withdrawn
  • Whether the petition becomes infructuous and must be dismissed

Legislation cited

Subjects

  • SARFAESI Act
  • notice withdrawal
  • infructuous petition
  • civil writ jurisdiction
  • bank
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2027 of 2026
                 ======================================================
                 Sanjay Singh S/o Ram Sharan Singh, Resident of Shree Ram Market, Gandhi
                 Chowk, Sipara, Dhelwa, P.S.- Beur, Distt- Patna- 800020.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The Zonal Manager State Bank of India, Judges Road, Anta Ghat, Gandhi
                 Maidan, Patna- 800004.
           2.    The Assistant General Manager, SBI regional Head Office, Judges Road,
                 Anta Ghat, Patna- 800004.
           3.    The Chief Manager, SBI SME branch, Main Road, Kankarbagh, Patna-
                 800020.
           4.    The Authorized Officer, SBI SME branch, Main Road, Kankarbagh, Patna-
                 800020.
           5.    The Branch Manager, SBI SME branch, Main Road, Kankarbagh, Patna-
                 800020.
           6.    Urmila Devi, W/O Vishwamohan Kumar Sinha Prop. M/S. Urmila
                 Healthwell Food Sciences Pvt. Ltd., Resident of village and Post-
                 Chandedih, Jatdumri, Punpun, District- Patna, Pin code- 804453
           7.    Sanoj Kumar, S/o- Vishawamohan Kumar Sinha, Resident of village and
                 Post- Chandedih, Jatdumri, Punpun, District- Patna, Pin code- 804453

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :     Mr. Satya Ranjan Sinha, Adv.
                                               Ms. Seema Kumari, Adv.
                                               Ms. Srishti Kumari, Adv.
                 For the Respondent/s    :     Mr. Sanjiv Kumar, Adv.
                 For the SBI             :     Mr. Anant Kumar Sharan, Adv.
                                               Mr. Prabhat Kumar Sharan, Adv.
                                               Mr. Hemant Kumar Sharan, Adv.
                                               Mr. Jayant Kumar Sharan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

5   07-07-2026                          Learned counsel appearing on behalf of the

                   respondent- Bank on written instructions submits that the

                   notices issued under Sections 13(2) and 13(4) of the SARFAESI

                   Act, 2002 has been withdrawn vide letter dated 16.06.2026

                   bearing no. SARB/PATNA/PIII/2026-27/200. The copy of the
             Patna High Court CWJC No.2027 of 2026(5) dt.07-07-2026
                                                         2/2




                       said letter is handed over across the Bench and the same is taken

                       on record.

                                    2. Having regard to the above made submissions, the

                       cause in the present writ petition does not survive and the same

                       is dismissed as infructuous. However, liberty is granted to the

                       petitioner to avail the remedies as available under the law if any

                       action is sought to be initiated against him.



                                               (A. Abhishek Reddy , J)
Gauravkr/-

U


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