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Patna High Court

Kunti DeviversusThe State of Bihar,

Decided
Disposal
DISPOSED

Holding

The Court allowed the withdrawal of the writ petition and directed the petitioner to seek interim relief under Section 17 of the SARFAESI Act.

Summary

The petitioner, Kunti Devi, sought to withdraw her writ petition filed in the Patna High Court, seeking protection against dispossession of her property by Bank of Baroda, which had acquired rights under an order passed pursuant to the SARFAESI Act. She requested permission to withdraw the writ and instead pursue interim relief under Section 17 of the SARFAESI Act before the appropriate authority. The Court considered the petitioner's apprehension of dispossession and the procedural mechanism available under the SARFAESI Act for obtaining an interim stay. It granted the petitioner's request to withdraw the writ, directing her to file an application under Section 17 of the SARFAESI Act for interim protection. The Court emphasized that the SARFAESI authority should dispose of the interim application expeditiously and on merit, without prejudice from the Court's order.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition and seek relief under Section 17 of the SARFAESI Act
  • Whether the Court should entertain the petitioner's request for interim protection against dispossession by the bank

Legislation cited

Subjects

  • SARFAESI Act
  • Section 17
  • interim relief
  • withdrawal of writ
  • bank possession
  • property dispossession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.9355 of 2026
                 ======================================================
                 Kunti Devi, W/o Sahdeo Das, D/o Late Dileshwar Poddar, R/o Shivpuri, Ward
                 No. 14, Saharsa, Bihar – 852201.
                                                                          ... ... Petitioner/s
                                                    Versus


           1.    The State of Bihar, Through the District Magistrate, Saharsa, Bihar.
           2.    The Circle Officer, The Bank of Baroda at Darbhanga.
           3.    The Bank of Baroda Through its Chairman having its registered office at
                 Baroda Bhawan, 7th Floor, R.C. Dutt Road, Vadodara.
           4.    The Chairman, Bank of Baroda having its registered office at Baroda
                 Bhawan, 7th Floor, R.C. Dutt Road, Vadodara.
           5.    The Branch Manager, Bank of Baroda, Branch Office VIP Road, Saharsa,
                 Bihar-852201.
           6.    Rekha Devi, W/o Bijay Poddar R/o Koshi Steel Industries, Koshi Road,
                 Gautam Nagar, Gangjala, Ward No. 11, Saharsa, Bihar.
           7.    Bijay Poddar, S/o Dileshwar Poddar R/o Koshi Steel Industries, Koshi Road,
                 Gautam Nagar, Gangjala, Ward No. 11, Saharsa, Bihar.


                                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Manoj Kumar Pandey, Advocate
                 For the State          :      Mr. Government Advocate (5)
                 For the Respondent/s   :      Mr. Sanjeev Shankar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RANA VIKRAM SINGH
                                               ORAL ORDER


2   01-07-2026              1. Heard the parties.

                            2. At the very outset, learned counsel for the petitioner

                   seeks permission of this Court to withdraw this writ application

                   with liberty to avail the remedy available to her under Section
Patna High Court CWJC No.9355 of 2026(2) dt.01-07-2026
                                            2/3




          17 of the Securitisation and Reconstruction of Financial Assets

          and Enforcement of Security Interest Act, 2002 (in short

          ‘SARFAESI Act’) before the appropriate authority within the

          period of two weeks henceforth.

                  3. The petitioner apprehends           dispossession from the

          respondent-Bank which has acquired right over the suit property

          on the strength of order passed by the competent authority under

          the SARFAESI Act.

                  4. The petitioner may file an application along with the

          memo of appeal under Section 17 of the SARFAESI Act for an

          interim order protecting her from being dispossessed from the

          suit land or the house in question till disposal of that interim

          application by the competent/adjudicating authority as mandated

          under Section 17 of the SARFAESI Act.

                  5. It is expected that the authority who is empowered

          under Section 17 of the SARFAESI Act to consider such an

          application will expeditiously dispose off such interim

          application for interim stay, on merit without being prejudiced

          by any observation of this Court in this order and that too after

          having heard all the parties concerned            including the Bank

          which has now acquired right over the suit property.

                  6. Thus, this writ application is disposed off in the
              Patna High Court CWJC No.9355 of 2026(2) dt.01-07-2026
                                                          3/3




                        aforesaid terms.

                                7. Interlocutory application(s), if any, also stand/s

                        disposed off accordingly.


                                                (Rana Vikram Singh, J)
Saurabh.kr/
Prakash-
U


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