IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7171 of 2007 BIRJA SINGH Versus THE STATE OF BIHAR & ORS ----------- 6 31.3.2010 The dispute which relates to the filing of the present case is based on a set of fact that the petitioner was a borrower from the Punjab National Bank. In lieu of the said borrowing which was for purchase of a tractor, certain land has been pledged as security. It is the stand of the petitioner that thereafter the situation went out of control because of the activity of a banned organization known as MCC which spread in the locality. The father of the petitioner was eliminated. They had to abandon their house and migrate to a safer area and the repayment could not be made. Punjab National Bank thereafter decided to initiate a proceeding under Public Demand Recovery Act. Petitioner came to be noticed. His submission is that he has no objection if the loan money is adjusted from the property which had been pledged to the Punjab National Bank by auction sale and after satisfying the loan amount with interest return the remaining amount to the petitioner. There is some reflection in the ordersheet of the Certificate Officer with regard to the status of the land but this problem will have to deal with by the bank. In view of the above categorical statement of the petitioner in case the certificate is drawn against the petitioner the - 2 - Bank and the Certificate Officer shall take steps for first recovering that amount from the land which had been pledged with the Bank as security. If any other amount is not adjusted from the auction sale then the question of other liability would arise. This writ application is disposed of with the above direction. The Distress Warrant of Arrest issued earlier shall not be enforced against the petitioner in the meanwhile. RPS (Ajay Kumar Tripathi,J.)