IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1154 of 2011 In Civil Writ Jurisdiction Case No. 10195 of 2008 With Interlocutory Application No. 5621 of 2011 In Letters Patent Appeal No.1154 of 2011 ====================================================== Raghunandan Prasad Mandal son of late Bhikhu Mandal Resident of Village Basantpur, P.S. Shankarpur, District Madhepura. .... .... Petitioner-Appellant Versus 1. The Chief General Manager of S.B.I., Near Gandhi Maidan, Patna. 2. Assistant General Manager, State Bank of India (Agriculture Development Branch) Near Gandhi Maidan, Patna (Bihar). 3. Branch Manager, S.B.I. (Agriculture Development Branch), Singheshwar, District-Madhepura. 4. Regional Officer of S.B.I. (Agriculture Development) Purnea. 5. Sky Recovery Agency Pvt. Ltd., Patna. 6. Ex-Branch Manager of S.B.I. Singheshwar, Madhepura. .... .... Respondents/Respondents ====================================================== Appearance : For the Appellant : Mr. Radhe Shyam Prasad, Advocate with Mr. Praveen Kumar Agrawal, Advocate For the Respondents : Mr. Kaushlendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) Patna High Court LPA No.1154 of 2011 (2) dt.18-08-2011 2 / 3 2 2. 18-08-2011 Interlocutory Application No. 5621 of 2011: The delay of 78 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory Application stands disposed of. Letters Patent Appeal No.1154 of 2011: Feeling aggrieved by the judgment and order dated 1st April 2011 passed by the learned single Judge in above C.W.J.C. No. 10195 of 2008 the writ petitioner has preferred the present Appeal under Clause 10 of the Letters Patent. The matter at dispute is a tractor purchased by the appellant hypothecated to the respondent State Bank of India. On account of failure of the appellant to repay the loan amount as scheduled, the tractor hypothecated to the Bank was seized by the Bank. Feeling aggrieved the appellant filed above C.W.J.C. No. 10195 of 2008 for release of the tractor and the other reliefs. The learned single Judge has allowed the writ petition to the extent that the tractor is ordered to be released on condition that the appellant pays Rs.25,000/- towards the outstanding loan amount. The Bank is directed to reschedule the repayment of the balance loan amount. It is the grievance of the appellant that the relief/subsidy granted by the State Government to the farmers has not been credited to the account of the appellant which has resulted into outstanding dues. If proper credits were made, the appellant has already repaid the loan amount. The condition to pay Rs.25,000/- and the direction of reschedulement of outstanding loan amount are, therefore, unsustainable. Learned advocate Mr. Radhe Shyam Prasad has also submitted that the tractor was seized by the Bank Patna High Court LPA No.1154 of 2011 (2) dt.18-08-2011 3 / 3 3 unceremoniously, leaving the appellant without the livelihood. Immense damage has been caused to the appellant. Be that as it may, the action of the Bank in seizing the tractor is not challenged by the appellant in the writ petition. For settlement of account, a petition under Article 226 of the Constitution would not lie. If the appellant has any grievance with respect to the correctness of the accounts he may avail of the remedy before the civil court. Insofar as the release of tractor is concerned, the condition imposed by the learned single Judge does not seem to be inappropriate. No case for interference is made out. Appeal is dismissed in limine. The period for payment of Rs.25,000/- specified by the learned single Judge is extended up to 30th September 2011. Pawan/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)