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Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petition for mandamus cannot be entertained and allowed the petitioner to make a representation to the finance company, which must consider it on its merits.

Summary

Anita Devi filed a writ petition seeking a mandamus to restrain various authorities, including the District Magistrate and a finance company, from taking possession of her dwelling house, which she contends is not mortgaged under loan account No. LAP4MTH000088858. She also requested that the finance company consider a one‑time settlement of the loan amount of approximately Rs. 32,15,233. The finance company argued that only the mortgaged land could be auctioned and that the petition’s relief could not be granted. The Court, after hearing both sides, declined to issue a mandamus and instead directed the petitioner to make a formal representation to the finance company within four weeks. The finance company was ordered to consider the representation on its merits within four weeks of receipt. Consequently, the writ petition was disposed of without granting the relief sought.

Issues considered

  • Whether the authorities can take possession of a dwelling house that is not mortgaged under the loan agreement.
  • Whether a writ of mandamus can be issued to restrain the possession proceedings.
  • Whether the SARFAESI Act, 2002 applies to the present dispute and permits the finance company to proceed with possession.

Legislation cited

Subjects

  • writ petition
  • mandamus
  • possession
  • mortgage
  • SARFAESI Act
  • settlement
  • representation
  • property law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.3963 of 2026
                 ======================================================
                 Anita Devi, Wife of Late Sonalal Prasad, Resident of Ward No. 15, Dudhahi,
                 P.S.-Harsidhi, District-East Champaran.

                                                                       ... ... Petitioner/s
                                                Versus
           1.    The State of Bihar through the District Magistrate-cum-Collector, East
                 Champaran.
           2.    The District Magistrate-cum-Collector, East Champaran.
           3.    The Superintendent of Police, East Champaran.
           4.    The Sub-Divisional Officer, Areraj, East Champaran.
           5.    The Sub-Divisional Police Officer, Areraj, East Champaran.
           6.    The Deputy Superintendent of Police, Reserved Police Center, East
                 Champaran, Motihari.
           7.    The Circle Officer, Harsiddhi, East Champaran.
           8.    The S.H.O., Harsiddhi, East Champaran.
           9.    Cholamandalam Investment and Finance Company Limited through its
                 Authorized Officer Chola Crest, C54-55 and Super B-4 Thiru-Vi-Ka
                 Industrial Estate Guindy Chennai-600032.
           10. The Branch Manager, Cholamandalam, Investment and Finance Company
               Limited, Bariarpur Bye Pass Road, P.S.-Chhatauni, District- East
               Champaran.
           11. The S.H.O., Govindganj, District- East Champaran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Krishna Kant Singh, Advocate.
                 For the Respondent/s    :       Mr. Standing Counsel (4)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

6   06-07-2026                   Heard the learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following relief(s):-

                                                      “(i) For issuance of a writ in the
                                             nature of mandamus restraining the
                                             concerned respondent from proceeding
Patna High Court CWJC No.3963 of 2026(6) dt.06-07-2026
                                            2/3




                               further in view of the order dated 28.02.2026
                               as contained in Memo No. 947 dated
                               28.02.2026 issued under the signature of
                               District Magistrate, East Champaran
                               whereby and whereunder the Circle Officer,
                               Harsiddhi was deputed for taking possession
                               of the property as fully described in Para-5 of
                               the instant writ application as the same has
                               been issued without taking into account that
                               the petitioner is ready to settle the loan
                               account of Respondent No. 9.
                                          (ii) For further direction the
                               concerned respondent authorities not to take
                               possession of the property other than which
                               has been mortgaged against loan account
                               No.     LAP4MTH000088858           since    the
                               concerned respondent in the garb of loan
                               agreement are trying to take possession of the
                               dwelling house of the petitioner which is not
                               mortgaged.
                                          (iii) For further restraining the
                               respondent from proceeding under the
                               Secularization and Reconstruction of
                               Financial Assets and Enforcement of Security
                               Interest Act 2002.”
                      3. Learned counsel appearing on behalf of the

          petitioner, on instructions, submits that the petitioner may be

          permitted to make a suitable representation to the Respondent-

          Cholamandalam Investment and Finance Company Limited

          seeking one time settlement or paying the entire due amount as

          of 17.03.2026 approximately Rs. 32,15,233/- in equal

          installments and the Bank may be directed to consider the same.

                      4. Learned counsel appearing on behalf of the

          Respondent-Cholamandalam, Investment and Finance Company
           Patna High Court CWJC No.3963 of 2026(6) dt.06-07-2026
                                                       3/3




                     Limited submits that in case the petitioner makes any

                     application/representation, the same shall be considered in

                     accordance with law. Learned counsel submits that the authority

                     will only auction the land which is mortgaged and not any

                     property which is not mortgaged, therefore, the prayer sought

                     for in the present writ petition cannot be considered.

                                   5. Having regard to the above made submissions, the

                     present writ petition is disposed of granting liberty to the

                     petitioner to make a suitable representation to the Respondent-

                     Cholamandalam Investment and Finance Company Limited

                     ventilating her grievance within a period of four weeks from

                     today. On such representation being given, the respondent-

                     authority shall consider the same on its own merits as

                     expeditiously as possible preferable within a period of 4 weeks

                     from the date of the receipt of the said representation by the

                     petitioner.

                                   6. With the above directions, the present writ petition

                     stands disposed of.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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