Patna High Court
Jarnail SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is not maintainable and is dismissed.
Summary
The petitioners, three brothers, filed a writ petition seeking a mandamus directing ICICI Bank to re‑value the property of borrower Karnail Singh and compel him to take a top‑up loan of Rs 80,13,193.63, and also to release statutory sale deeds to the petitioners. They also sought other appropriate directions. The court observed that the petition was filed against a private entity, ICICI Bank, which does not fall within the definition of a ‘State’ under Article 12 of the Constitution, and noted that a similar petition (CWJC No. 16190 of 2018) had been dismissed earlier and was not disclosed. The court found no merit in the present petition and held that it was not maintainable. Consequently, the writ petition was dismissed.
Issues considered
- Whether a writ petition under Article 226 can be filed against a private bank such as ICICI Bank.
- Whether the court can issue a mandamus directing a private bank to re‑value a borrower’s property and compel the borrower to take a loan.
- Whether the earlier dismissal of a similar petition and non‑disclosure affect the maintainability of the present petition.
Subjects
- writ petition
- mandamus
- private bank
- Article 12
- maintainability
- re‑valuation
- top‑up loan
- statutory documents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3997 of 2026
======================================================
1. Jarnail Singh son of Late Charan Singh, Resident of M/S Bhargo Saw Mill
Compound, Mithapur, P.S.-Jakkanpur, District- Patna.
2. Rajendra Singh son of Late Charan Singh, Resident of M/S Bhargo Saw
Mill Compound, Mithapur, P.S.-Jakkanpur, District- Patna.
3. Rabindra Singh son of Late Charan Singh, Resident of M/S Bhargo Saw
Mill Compound, Mithapur, P.S.-Jakkanpur, District- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Department of Finance,
Government of Bihar, Patna.
2. The Director-cum-Joint Secretary, Sansthik Vitt Nideshlaya, Old Secretariat,
Patna, Bihar.
3. The Zonal Head (Working Capital and Mortgage) ICICI Bank Limited, S.K.
Puri, Boring Road, Patna.
4. The Branch Manager, ICICI Bank Limited, Kidwaipuri Branch, Panchsheel
Bhawan, Kidwaipuri, Patna.
5. Karnail Singh son of Late Charan Singh, Resident of M/S Bhargo Saw Mill
Compound, Mithapur, P.S.-Jakkanpur, District- Patna
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Mistry, Adv.
For the Respondent/s : Mr.Government Advocate (3)
Mr. Shiv Kuamr, AC to GA 3
For the ICICI Bank Mr. Dhananjay Kashyap, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
3 28-04-2026 Heard 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 directing the Respondent No.3 & 4-
ICICI Bank to initiate re-valuation proceeding
of the property of the Borrower-Mr. Karnail
Singh (Respondent No.5) and further be pleased
Patna High Court CWJC No.3997 of 2026(3) dt.28-04-2026
2/3
to direct Mr. Karnail Singh (Respondent No.5)
to take "Top-Up Loan" of Rs. 80,13,193.63 in
view of the Letter dated 04.04.2025 (Annexure-
P-3) issued by the Respondent No.2 on the basis
of the Letter of ICICI Bank dated 25.02.2025 as
well as the Letter dated 21.02.2025 (Annexure-
P-2) in the facts and circumstances of this case.
ii) For issuance of a writ in the nature of
mandamus directing the Respondent No. 3 to 4
to release the statutory documents i.e. sale
deeds etc. in favour of the petitioners (Co-
Borrowers) as the petitioners are urgent need of
the aforesaid documents for getting loan so that
the petitioner could start their business in the
facts and circumstances of this case.
iii) For issuance of other writ(s) order(s)
direction(s) as your Lordships may deem, fit and
proper in the facts and circumstances of this
case.”
3. The petitioners have filed I.A. No. 01 of 2026
seeking the following amendment in the prayer portion:-
“……………….. in Para 1 (i) only to the
extent that "further be pleased to direct Mr.
Kairnail Singh (Respondent No.5) to take
Top-Up Loan of Rs. 80,13,193.63" and as
such writ application is maintainable so far
as the other reliefs is concerned which has
been prayed for in Para-1 of the present
Patna High Court CWJC No.3997 of 2026(3) dt.28-04-2026
3/3
writ application in the facts and
circumstances of this case.”
4. Admittedly the writ petition is filed against the
private entity, i.e., ICICI Bank which does not come under the
definition of Article 12 of the Constitution of India. On earlier
occasion, the petitioner, namely Rajendra Singh, had filed
CWJC No. 16190 of 2018, which was dismissed for default on
24.09.2018 for the very same cause and the same has not been
disclosed in the present writ petition.
5. Having regard to the same, this Court does not find
any merits in the present writ petition which warrant any
interference or granting any relief to the petitioners.
6. The present writ petition is, accordingly, dismissed.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
Checking your session…