2026:JHHC:9288 -1- W.P.(C) No. 1222 of 2010 With W.P.(C) No. 5387 of 2010 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- W.P.(C) No. 1222 of 2010 ---- M/s Hotal Brosan at Jogesh Babu Road, Madhupur, P.O. Madhupur, District Deoghar through its proprietor Brojendra Nath Dutta, son of late Rajendra Nath Dutta, resident of Jogesh Babu Road, Madhupur, PO Madhupur, District Deoghar .... Petitioner(s) -- Versus -- 1.Bihar State Financial Corporation, through its Managing Director, Frazer Road, Patna 800001 2.The Deputy Manager (I/C Z III) Bihar State Financial Corporation Frazer Road, Patna 800001 3.(i).Uday Shankar Singh 3.(ii).Kiran Shankar Singh 3.(iii).Aditi Dutta, All residents of Uper Tola, PO Babhangama, PS Sarath, Sub Division Madhupur, Jharkhand, PIN 815 353 …… Respondents With W.P.(C) No. 5387 of 2010 ---- 1(a).Dipankar Dey, son of late Bharti Dey, r/o 18 Ganguly Para Lane, Cossipara, Kolkata, West Bengal 700002 2.Neoti Dey, wife of Rabindramohan Dey, residing at 22/A, Shyamacharan Maitra Lane, Baranagar, Kolkata 700036 3.Pronoti Dey, wife of Pijus Kanti Dey, Tulsitala, near Harishabha Math, Post office Raiganj, Raiganj 733134, Uttardinajpur, 2026:JHHC:9288 -2- W.P.(C) No. 1222 of 2010 With W.P.(C) No. 5387 of 2010 4.(a)Rama Dutta, wife of late Shankar Kr Dutta 4(b)Arnab Dutta, (minor son) 4.(c) Anurudha Dutta (minor daughter), All residents of Milanpara, Raiganj, PO and PS Raiganj, Uttar Dinajpur, West Bangal …… …. .... Petitioner(s) -- Versus -- 1.Bihar State Financial Corporation, represented by Managing Director, Frazer Road, Patna 800001 2.The Deputy Manager (I/C Z III) Bihar State Financial Corporation Frazer Road, Patna 800001 3.Branch Manager, Bihar State Financial Corporation, Srikant Road, Deoghar, PO Deoghar, District Deoghar 4.Manager Co-ordination, Bihar State Financial Corporation, Frazer Road, Patna 800001 5.Smt. Usha Devi, wife of late Madan Gopal Singh, residing at Bhamangawa Upper Tola, Post Office Bharangawa, Police Station Sarath, District Deoghar 6.Brojendra Nath Dutta, son of late Rajendranath Dutta, residing at Nabin Aaram, Meena Bazar, Madhupur 815353, District Deoghar ….. Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner(s) :- Mr. Amit Kumar Das, Advocate For Resp.nos.1 and 4 :- Mr. Ashok Kumar Yadav, Advocate Mr. Anish Kumar Mishra, Advocate For Resp.no.3 :- Mr. Rajesh Kumar, Advocate ---- 11/01.04.2026 Both the writ petitions are arising out of auction 2026:JHHC:9288 -3- W.P.(C) No. 1222 of 2010 With W.P.(C) No. 5387 of 2010 sale made by Bihar State Financial Corporation (BSFC) with regard to the mortgaged property conferring right as has been granted with respect to the auction sale and the respondent no.5 has purchased the said property. 2. In course of argument, Mr. Das, learned counsel appearing on behalf of the petitioners has taken instruction from one of the petitioners in the first writ petition, who is in the Court, and on instruction, he submits that he will withdraw the instant writ petitions with liberty to move before the learned competent court of civil jurisdiction. 3. Learned counsels for the respondents have got no objection for the same. 4. Both these writ petitions are dismissed as withdrawn with the aforesaid liberty. 5. If any suit is being instituted, the said Civil Suit will be decided in accordance with law without prejudice to this withdrawal order. 6. Pending petition, if any, also stands disposed of accordingly. ( Sanjay Kumar Dwivedi, J.) Dated : 01.04.2026 SI/