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High Court of Jharkhand · body

2026 DAILYLAW 5585 (JHR)

ABHISHEK KUMAR SINGH v. CHIEF MANAGER CUM AUTHORIZED OFFICER, ICICI BANK LTD.

WPC/1432/2026 · 2026-03-10

Rajesh Kumar

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:JHHC:6251 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.1432 of 2026 ---- 1. Abhishek Kumar Singh, aged about 42 years, S/o Pushpendra Kumar Singh 2. Dipti Singh, aged about 38 years, W/o Abhishek Kumar Singh Both resident of 55 Birsa Nagar, Hatia Station Road, Birsa Chowk, P.O Hatia, P.S. Jagarnathpur, Hatia, Ranchi, 834003 …. …. Petitioners -Versus- Chief Manager cum authorized officer, ICICI Bank Limited, RAPG T1, 3rd Floor, Amravati Complex, Lalpur, P.O & P.S. Lalpur, Ranchi, Jharkhand, 834001 …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioners : Mr. Alok Kr. Verma, Advocate For the Respondent : Mr. Bharat Kumar, Adv. : Mr. Rahul Sinha, Adv. : Mr. Sparsh Kr. Rai, Adv. ---- 02/Dated: 10th March, 2026 1. Heard the parties. 2. The present writ petition has been filed for the following reliefs:- “(i) For issuance of an appropriate writ or writs in the nature of certiorari for quashing and setting the possession notice dated 09.04.2024 (Annexure-5 Series) pursuant to which symbolic possession of the property, the details of which has been given in the said notice, has been taken by the respondent Bank inasmuch as the same has been issued without complying the mandatory provisions of SARFAESI Act and the Rules made there under. (ii) For issuance of an appropriate writ or writs in the nature of certiorari for quashing and setting aside the order dated 10.09.2025 (Annexure-4), where Bank had obtained an order from the Learned District Magistrate, Ranchi under Section 14 of the SARFAESI Act for taking Physical possession, where the petitioners were never made aware of such proceedings nor given an opportunity to be heard, which is violation of the Law. (iii) For issuance of an appropriate writ or writs in the nature of certiorari for quashing and setting aside the possession notice dated 14.10.2025 (Annexure-2) pursuant to which physical possession of the 2026:JHHC:6251 Page No.2 W.P.(C) No.1432 of 2026 said property has been taken by the respondent Bank on 14.10.2025 inasmuch as the aforesaid action of the respondent bank is totally illegal and arbitrary in view of the fact that the property in question is dwelling house of the petitioners but no notice was served prior to taking physical possession of the property. (iv). During pendency of this application, allow the restoration of the physical possession of the property and the petitioners be allowed to enter into the property in view of the fact that the petitioners along with their daughter are moving here to where due to the illegal action of the Bank.” 3. After some arguments, learned counsel for the petitioners seeks permission to withdraw the present writ petition with a liberty to file fresh one, if any cause of action arises or survives in future. 4. Learned counsel for the other side has raised no objection. 5. Permission is granted. Accordingly, the present writ petition is hereby, disposed of as withdrawn with the aforesaid liberty. 6. Pending I.A, if any, also stands disposed of. (Rajesh Kumar, J.) Dated 10th March, 2026 Raja/- Uploaded on 11.03.2026