IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7925 of 2011 HEMCHANDRA JAYASWAL, SON OF LATE RAJENDRA JAISWAL, RESIDENT OF MOHALLA NAND GOLA, PATNA CITY, P.S. MALSALAMI, PATNA CITY, DISTRICT PATNA………………………………………….PETITIONER. Versus 1. THE STATE BANK OF INDIA THROUGH ITS MANAGER HAJIGANJ BRANCH, P.S. CHOWK, PATNA CITY, DISTRICT PATNA. 2. THE RECOVERY OFFICER, DEBTS RECOVERY TRIBUNAL PATNA 396 EAST BORING ROAD, PATNA PIN 800001 3. M/S HINDUSTAN INDUSTRIAL ENTERPRISES THORUGH RANJEET KUMAR JAISWAL SON OF LATE RAJA RAM JAISWAL OF NAND GOLA, P.S MALSALAMI, DIST. PATNA. 4. SRI ARUN KUMAR JAISWAL, SON OF LATE LAXMI PRASAD JAISWAL. 5. DR. PREM KUMAR JAISWAL, SON OF LATE LAXMI PRASAD JAISWAL. 6. SRI RANJIT KUMAR JAISWAL, SON OF LATE RAJA RAM JAISWAL. 7. SRI DEEP NARAIN JAISWAL, SON OF LATE RAJA RAM JAISWAL. 8. SRI UTTAM JAISWAL @ NAVIN KUMAR JAISWAL, SON OF LATE RAJENDRA JAISWAL. 9. SRI KREMENDRA JAISWAL, SON OF LATE RAJENDRA JAISWAL. ALL RESIDENT OF MOHALLA NAND GOLA, PATNA CITY, P.S. MALSALAMI, DISTRICT PATNA. 10. BIHAR STATE FINANCIAL CORPORATION, EXHIBITION ROAD, PATNA, DISTRICT PATNA…….RESPONDENTS. ----------- 04/ 07.07.2011 On 29.06.2011 learned counsel for the petitioner was heard. Today learned counsel for the State of Bihar (respondent no.1) and learned counsel for the Bihar State Financial Corporation (respondent no.10) were heard. No one appeared for the petitioner today to give reply to the arguments of learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 19.03.2010 passed by the Recovery Officer, Debts Recovery Tribunal, Patna in R.P. - 2 - No.35 of 2003 by which ancestral property of the petitioner of which petitioner is co-sharers has been ordered to be attached for auction sale without making the petitioner a party in the aforesaid case. 3. From perusal of the aforesaid impugned order, it is quite apparent that it has been passed under the provision of section 25 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as ‘the Act’ for the sake of brevity) and hence a remedy against such order is provided under section 30 of the said Act but without utilizing the said remedy the petitioner has directly come before this court although the matter in dispute can be properly and fully considered and decided by the Tribunal in such an appeal. 4. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Appellate Tribunal. Harish (S.N. Hussain, J.)