IN THE HIGH COURT OF JHARKHAND AT RANCHI
Deepak Roshan, J
JogendraSingh, son of Pritpal Singh – Appellant
Versus
Punjab National Bank (E-United Bank of India) – Respondent
JUDGMENT :
DEEPAK ROSHAN, J.
Petitioners have approached this Court for following reliefs:-
(i) For issuance of appropriate writ(s)/order(s)/direction(s) for quashing up of the letter No. 688, dated 21.07.2022 (Annexure-5) by which the Deputy Commissioner, SaraikellaKharsawan has illegally handed over the property of the petitioners to Respondent No.5 which was located at Plot No. M-18, 6th Phase, Adityapur Industrial Area, Jamshedpur, District-SaraikellaKharsawan being survey plot No. 2147 (P), Khata No. 744 measuring an area of land about 45000 square feet at Village Bara Gamharia, Thana No. 66, Thana Saraikella, P.S. Adityapur, District Saraikella Kharsawan (hereinafter to be referred to as ‘the property);
(ii) For issuance of appropriate writ(s)/order(s)/direction(s) upon Respondent No.5 for restraining him from further construction on the property located at Plot No. M-18, 6th Phase, Adityapur Industrial Area, Jamshedpur, District-SaraikellaKharsawan being survey plot No. 2147(P), Khata No. 744 measuring an area of land about 45000 square feet at Village Bara Gamharia, Thana No. 66, Thana Saraikella, P.S. Aditdyapur, District SaraikellaKharsawan.
(iii) For issuance of appropriate w
Jehal Tanti and Ors Vs. Nageshwar Singh (Dead) through LRS
Kishorilal Vs. Sales Officer, Disdtrict Land Development Bank &Ors.
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The Recovery Officer should cancel the auction sale if the bank's dues are paid before the sale is confirmed. The auction purchaser has no right over the property before the sale is confirmed.
The central legal point established in the judgment is the importance of upholding consent terms, the obligations of the parties, and preventing deliberate obstruction of recovery proceedings.
Recovery Officers must adhere to jurisdictional limits and cannot impose binding interim orders affecting property rights without proper evidentiary basis and due process.
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