THE JAMSHEDPUR CO-OPERATIVE HOUSE BUILDING SOCIETY LTD. THRO ITS PRESIDENT SRIKRISHNA PANDEY v. BANK OF INDIA, THROUGH ITS CHIEF MANAGER, JAMSHEDPUR BRANCH, BISTUPUR
WPC/979/2025 · 2025-03-11
Rajesh Shankar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 31445 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31445 (JHR) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.979 of 2025 ----- The Jamshedpur Co-operative House Building Society Ltd., a registered cooperative society, Registration No.B-5B of 1950, having its office at Rajendranagar, P.O., Sakchi, P.S. Sakchi, Town Jamshedpur, District East Singhbhum-831001, through its President Srikrishna Pandey, aged about 84 years, son of Late U.N. Pandey, Resident of A-1, 13, Anand Vihar, P.O. Telco, P.S. Telco, District East Singhbhum........... Petitioner. -Versus-
1. Bank of India, through its Chief Manager, Jamshedpur Branch, Bistupur, P.O. Bistupur, P.S. Bistupur, Town Jamshedpur, District East Singhbhum-831001.
2. R.N. Shukla, aged about 54 years, son of Late G. Shukla, Resident of 19, Haladhar Mahato Colony, P.O. Mango, P.S. Mango, Town Jamshedpur, District East Singhbhum -831012.
3. Deep Narayan Prasad, son of Kartik Narayan Prasad, Resident of Flat No.4/2, 4th Floor, Samrat Tower, Kailash Nagar, Town Jamshedpur, P.O. Sonari, P.S. Sonari, District East Singhbhum -831011.
4. Sub-Divisional Officer, Dhalbhum, Jamshedpur, having his office at Jublee Park, P.O. Sakchi, P.S. Sakchi, District East Singhbhum-831001.
.......... Respondents. -----
CORAM : HON’BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. Deepak Kr. Sinha, Advocate
For the State : Mr. Amrit Raj Kisku, A.C. to G.A.-V -----
Order No.03
Date: 11.03.2025
1. The present writ petition has been filed for quashing the order dated 24th March, 2022 passed by the Recovery Officer, Debts Recovery Tribunal, Ranchi ( in short “DRT, Ranchi”) in R.P. No.15 of 2012, whereby the respondent no.3 was allegedly declared as successful purchaser of House No.19, Haldhara Mahto Colony, Mango, P.S. Mango, Thana No.1641, Jamshedpur constructed over Plot Nos.677(P), 675 and 677 under Khata Nos.200, 201 and 202 measuring an area of 2000 square feet under the Lease Deed No.4910 dated 6th September, 2006 executed by the petitioner in favour of the
respondent no. 2, as the said immovable property is a leasehold property and Recovery Officer, DRT, Ranchi in order to recover the alleged loan amount sanctioned to the respondent no.2 by the respondent no.1 cannot auction/sale/transfer the said property without taking 'No Objection Certificate'/Consent from the petitioner. The petitioner has also made other related prayers.
2. Having heard the learned counsels for the parties and considering that the petitioner has efficacious remedy of preferring appeal before the DRT, Ranchi under Section 30 of the “Recovery of Debts and Bankruptcy Act, 1993” against the impugned order dated 24th March, 2022 passed by the Recovery Officer, DRT, Ranchi in R.P. No.15 of 2012, I am not inclined to entertain the present writ petition at this stage.
3. The petitioner is, however, at liberty to take aforesaid statutory recourse against the impugned order. If the petitioner prefers the said appeal before the DRT, Ranchi by 2nd April, 2025 along with an application seeking condonation of delay in preferring the same, the appellate authority shall consider the said application leniently and shall proceed to hear and dispose of the said appeal in accordance with law.
4. The writ petition is disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.) Rohit/ -2- W.P.(C) No.979 of 2025