Patna High Court

Rajesh Kumar Yadav,versusThe State of Bihar

Decided: 17 June 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The High Court held that the writ petition should be dismissed because the petitioner has an alternative remedy under Section 17 of the SARFAESI Act.

Summary

The petitioner, Rajesh Kumar Yadav, filed a writ petition in the Patna High Court challenging actions taken by various state officials and Hinduja Housing Finance Limited. The petition sought relief without specifying the merits, essentially contesting the enforcement measures under the SARFAESI Act. The court noted that the petitioner has an alternative and efficacious remedy by approaching the Debt Recovery Tribunal (DRT), Patna, under Section 17 of the SARFAESI Act. Consequently, the court was not inclined to entertain the writ petition. With the consent of both counsels, the petition was disposed, granting the petitioner liberty to approach the DRT if desired.

Issues considered

Whether the High Court should entertain a writ petition when an alternative remedy under Section 17 of the SARFAESI Act is available.

Legislation cited

SARFAESI Act — s. 17

Subjects

writ petition
SARFAESI Act
Section 17
Debt Recovery Tribunal
alternative remedy
Patna High Court
civil writ jurisdiction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.2448 of 2026
                 ======================================================
                 Rajesh Kumar Yadav, son of Jaymangal Ray, resident of Village Rahimpur,
                 P.O. Rahimpur Jagdish, P.S. Vaishali, District Vaishali (Bihar).

                                                                                 ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Vaishali.
           2.    The Additional Collector, Vaishali.
           3.    The Deputy Development Commissioner, (D.D.C.) Vaishal.
           4.    The Incharge Officer, District Nilam Patra Prashakha, Vaishali.
           5.    The Officer in-charge, police station Vaishali, District-Vaishali.
           6.    The Block Development Officer, Block Vaishali, District - Vaishali.
           7.    The Superintendent of Police, Vaishali at Hajipur.
           8.    The District Nilam (Auction) Patra Officer (SARFAESI), Vaishali.
           9.    The Executive Magistrate, Hajipur, Vaishali.
           10. The General Manager, Hinduja Housing Finance Limited, 27A, Developed
               Industrial Estate, P.S. Guindy, Chennai, PIN Code-600032.
           11. The Branch Manager, Hinduja Housing Finance Limited 2nd Floor, B-8,
               S.K. Puri, Sahdeo Mahto Marg, Boring Road, P.S. S.K. Puri Patna, Bihar-
               800001.
           12. The Authorized officer of Hinduja Housing Finance Limited having its
               Branch Office, B-8, 2nd Floor, Sahdeo Mahto Marg, Boring Road, P.S. Puri,
               Patna, Bihar - 800001.
           13. The Branch Manager, Hinduja by Land Finance, Yaman, Enclave, Ist. Floor,
               Sai Kripa Hospital, Near Nagarmal Mall, Bailey Road Rukanpura, P.S.
               -Rajiv Nagar, Bihar, PIN code -800014.
           14. The Regional Legal Manager / The Regional Manager, Hinduja, Housing
               Finance Limited, 2nd Floor, B-8. S.K. Puri, Sahdeo Mahto Marg, Boring
               Road, P.S. S.K. Puri District Patna, Bihar 800001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr.Manish, Adv.
                 For the Respondent/s   :       Mr.Standing Counsel (1)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

4   17-06-2026                    Without going into the merits or demerits of the

                   case, the present writ petition is disposed of at the stage of

                   admission with the consent of both the counsels.
             Patna High Court CWJC No.2448 of 2026(4) dt.17-06-2026
                                                         2/2




                                   2. Having regard to the fact that the petitioner is

                       having an alternative and efficacious remedy of approaching the

                       DRT, Patna, under Section 17 of the SARFAESI Act, this Court

                       is not inclined to entertain the present writ petition. Accordingly,

                       the writ petition is disposed granting liberty to the petitioner to

                       approach the DRT, Patna, if he is so advised.

                                   3. With the above directions, the present writ petition

                       stands disposed of.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U

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