IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5900 of 2010 1. ANOOP KUMAR S/O LATE MAHESH PRASAD LOHANI M/S BHARTIYA BHAWAN, G.B. ROAD, GAYA, P.S. KOTWALI, DISTT.- GAYA Versus 1. BIHAR STATE FINANCIAL CORPORATION FRASER ROAD, PATNA THROUGH ITS MANAGING DIRECTOR 2. BOARD OF DIRECTORS BIHAR STATE FINANCIAL CORPORATION, FRASER ROAD, PATNA THROUGH ITS CHAIRMAN 3. MANAGING DIRECTOR BIHAR STATE FINANCIAL CORPORATION, FRASER ROAD, PATNA 4. BRANCH MANAGER BIHAR STATE FINANCIAL CORPORATION, GAYA, DISTT.- GAYA 5. ANIL KUMAR S/O LATE MAHESH PRASAD LOHANI M/S BHARTIYA BHAWAN, G.B. ROAD, GAYA, P.S.- KOTWALI, DISTT.- GAYA 6. ALOK KUMAR S/O LATE MAHESH PRASAD LOHANI M/S BHARTIYA BHAWAN, G.B. ROAD, GAYA, P.S. KOTWALI, DISTT.- GAYA 7. KEDAR NATH LOHANI S/O LATE MAHESH PRASAD LOHANI M/S BHARTIYA BHAWAN, G.B. ROAD, GAYA, P.S. KOTWALI, DISTT.- GAYA ----------- 2 15/04/2010 Present writ application filed by the present petitioner is for quashing of a sale effected by the respondents Bihar State Financial Corporation of House no. 46/49, Ward No. 2/7 on G. B. Road falling under Gaya Municipal Corporation. Present petitioner and some of the private respondents claim themselves to be the legal heirs of late Sushila Devi. The property was part of the property which stood pledged as a guarantee in the borrowing made from the - 2 - respondent Financial Corporation. For non payment, property has been sold and sale order already issued on 18.12.2009 in favour of the purchaser. It is evident from the averments made in the counter affidavit that the same issue was also taken up before a Division Bench in L.P.A. No. 277 of 2008 and there the Court refused to grant any relief. Respondent no. 7 filed I.A. No. 2130 of 2010. From the decision made and the background to the dispute, it is evident that the sale has been effected on refusal to pass any order of stay by the Division Bench in the said L.P.A. If that be so, then any order passed in the present writ application filed on behalf of the present writ petitioner would have the effect of over riding the order of the Division Bench which this Court is not willing to do. This writ application is dismissed as being misplaced. AMIN (Ajay Kumar Tripathi, J.)