IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20302 of 2021

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Manoj Kumar Kawat @ Manoj Kumar Kewat @ Manoj Kumar Kamat S/o

Lakhan Kewat, Prop. Annu Poultry, R/o Gopitola, P.O.-Jahangira, at Present

Ward no. 08, P.O. and P.S.-Jehangira, Dist-Khagaria (Bihar).

... ... Petitioner/s

Versus

1.

The Union Bank of India through its Branch Manager, Mill Road, Khagaria.

Dist-Khagaria, Bihar.

2.

The Authorised Officer, Union Bank of India For Khagaria Branch, Regional

Office, Bhagalpur, 1st Floor, Gayatri Complex, Opposite Head Post office

MG Road Bhagalpur, Bihar.

3.

The Regional Manager, Union Bank of India Panchwati, Complex,

Mohanpur Road, Samastipur (Bihar).

... ... Respondent/s

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Appearance :

For the Petitioner/s

:

Mr.Uma Shankar Sharma, Advocate

Mr. Gautam, Advocate

Mr. Shiw Kumar Prabhakar, Advocate

For the Respondent/s

:

Mr.Nishi Nath Ojha, Advocate

Mr. Umapati Jha, Advocate

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CORAM: HONOURABLE THE CHIEF JUSTICE

and

HONOURABLE MR. JUSTICE S. KUMAR

ORAL ORDER

(Per: HONOURABLE THE CHIEF JUSTICE)

(The proceedings of the Court are being conducted by Hon’ble the Chief

Justice/Hon’ble Judges through Video Conferencing from their

residential offices/residences. Also, the Advocates and the Staffs joined

the proceedings through Video Conferencing from their

residences/offices.)

4

16-02-2022

Petitioner has prayed for following relief(s) : -

“(i) To set aside notice dated

06.11.2021, please Bhagalpur issued under the

signature of the Authorized Officer for Union

Bank of India, Khagaria Branch. Regional

Office- Bhagalpur, Notice of 30 days for sale of

the property in question under Rule 8(6)/Rule

9(1) of the Security Interest Enforcement Rules,

Patna High Court CWJC No.20302 of 2021(4) dt.16-02-2022

2/5

2002, contained in Annexure-7/1 of this writ

petition.

(ii) To set aside sale Notice for the

sale of immovable property of the petitioner as

published and mentioned in the Daily

"Hindistan" Hindi Bhagalpur Edition, dated.

01.08.2021 published by the Union Bank of

India, Regional Office Bhagalpur, 1st floor,

Gayatri Complex OPP. Head Post Office,

M.G. Road Bhagalpur-812001 (Bihar) as

contained in Annxure-7 to this writ petition and

consequently.

(iii) To set aside possession Notice

(for immovable property) [Rule 8 (1)] dated

23.12.2020 issued under the signature of the

Authorized Officer Union Bank of India for

Khagaria

Branch

issued

by

the Regional office Bhagalpur 1at Floor Gayatri

Complex, Opp. Head Office, M.G. Road,

Bhagalpur, Bihar contained in Annexure-6 of

this writ petition and served upon the petitioner

with respect to the Residential Land and

Building belonging to Smt. Suma Devi situated

at Mauza- Shobhani Tola, Thana no.

250, Khata no. 81, 147, 103, 90 Khesra no. 440

436, 434 439 District Khagaria, Bihar Area

measuring 01 Bigha, 14 Kattha, 01 Dhur 10

dhurki and having boundary North-Sri

Parmanand Yadav, South- Niz, East-Raj Kishore

Singh, West- Road to realize Rs. 11,04,544. 68

(Rupees Eleven Lakhs four thousand, five

hundred forty four and sixty six paisa).

(iv) To set aside the Notice dated,

24.06.2020, issued under the signature of the

Authorised Officer (S.P. Sabar) for Union Bank

of India, Regional Office, Samastipur,

Panchawati Complex Mohanpur Road,

Samastipur (Bihar) bearing Ref. No. RO:SAM:

Card:1112 to take possession of the Assets of

the Petitioner bearing Land details as

Mauza- Sobhani, Thana No. 250, Khata

no. 81, 147, 103, 22, 90; Khesra No.

440, 436, 436, 439, Area; 01 Bigha, 10

Katthaa,

01

Dhur

10

Dhurkis;

Boundries; North-Sri Permanand Yadav,

South Niz, West Raj Kisore Prasad

Singh, East Road, Title Deed No.6149, Dated

26.09.