Patna High Court
Premshila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- A ABHISHEK REDDY
Holding
The writ petition is dismissed, and the petitioner is directed to approach the Debt Recovery Tribunal under Section 17 of the SARFAESI Act.
Summary
Premshila Devi filed a writ petition in the Patna High Court challenging actions of the State of Bihar, Bank of India and a furniture firm. The Court noted that the petitioner has an alternative remedy under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal (DRT), Patna. Without examining the merits, the Court, with consent of both parties, disposed of the petition at the admission stage. It directed the petitioner to approach the DRT if she wishes to pursue the matter. The writ petition was therefore dismissed, and the case was closed.
Issues considered
- What is the appropriate forum for the petitioner’s grievance when an alternative remedy under Section 17 of the SARFAESI Act is available?
Legislation cited
- SARFAESI Act — s. 17
Subjects
- writ jurisdiction
- SARFAESI Act
- Debt Recovery Tribunal
- alternative remedy
- civil writ
- jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6783 of 2026
======================================================
Premshila Devi, W/o Bhagwan Ram, R/o village - Thiloin, P.O - Dhawpokhar,
P.S - Karmachat (Sabar), District - Kaimur (Bhabua).
... ... Petitioner/s
Versus
1. The State of Bihar through the District Magistrate, Kaimur (Bhabua).
2. Bank of India, through its authorized officer, Zonal Office, Gaya, District -
Gayaji.
3. The Authorized Officer - cum - Chief Manager, Bank of India, Bhabua
branch, District - Kaimur.
4. M/S Krishna Furniture Udyog, through its proprietor - Sri Gopal Sharma @
Gopal Lohar, S/o Late Ramnath Sharma, R/o village - Mahuari, P.S -
Sonhan, District - Kaimur (Bhabua).
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Pd. Singh, Sr. Adv.
Mr. Rajeev Kumar, Adv.
For the Respondent/s : Mr.Standing Counsel (18)
======================================================
CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
ORAL ORDER
2 04-05-2026 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.
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.
Patna High Court CWJC No.6783 of 2026(2) dt.04-05-2026
2/2
3. With the above directions, the present writ petition
stands disposed of.
(A. Abhishek Reddy , J)
Bhardwaj/-
U
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