IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.914 of 2011 1. UDAY KUMAR SHARMA, S/O LATE JANARDAN SINGH, R/O VILLAGE AMHARA, P.S. BIHTA, DISTT. PATNA. 2. VIRENDRA KUMAR, S/O LATE JANARDAN SINGH REPRESENTING ALL THE LEGAL HEIRS OF LATE JANARDAN SINGH, R/O VILLAGE AMHARA, P.S. BIHTA, DISTT. PATNA……………………PETITIONERS. Versus 1. UNION OF INDIA THORUGH SECRETARY, MINISTRY OF FINANCE, GOVT. OF INDIA, NEW DELHI. 2. CENTRAL BANK OF INDIA THROUGH ITS MANAGING DIRECTOR A BODY CORPORATE CONSTITUTED UNDER BANKING COMPANIES ACQUISITION AND TRANSFER OF UNDERTAKING ACT, 1970 HAVING ITS HEAD OFFICE AT CHANDRAMUKHI, NARIMAN POINT, MUMBAI. 3. BRANCH MANAGER, CENTRAL BANK OF INDIA, DAK BUNGLOW ROAD, PATNA. 4. PRESIDING OFFICER, DEBT RECOVERY TRIBUNAL, 34 BANK ROAD, LODIPUR, PATNA 5. RECOVERY OFFICER, DEBT RECOVERY TRIBUNAL, 34, BANK ROAD, LODIPUR, DISTT. PATNA. 6. STATE OF BIHAR THROUGH COLLECTOR CUM LAND ACQUISITION OFFICER, PATNA. 7. SRI DILIP KUMAR, S/O LATE SUKHDEO PRASAD, R/O SAKRIGALI, GULZARBAGH, PATNA- 800007…….....................RESPONDENTS. For the petitioners : Mr. Arbind Kumar Jha, Advocate. For the Bank : Mr. Ajay Kumar Sinha, Advocate. ----------- 02/ 28.01.2011 Heard learned counsel for the petitioners and learned counsel for the respondents Central Bank of India and its authorities. 2. This writ petition has been filed by the petitioners for the following reliefs:- (i) To quash order dated 29.10.2010 by which Appeal No.9 of 2009 was dismissed. - 2 - (ii) To quash the entire proceeding before the Debt Recovery Tribunal, Patna including the order passed by Presiding Officer, Debt Recovery Tribunal, Patna dated 21.09.2006 in Execution (OA) Case No.18 of 2006. (iii) To direct the respondent Bank and Recovery Officer to explain under what circumstances the officer of the Certificate Holder Bank i.e. respondent no.7 directly bid for to acquire interest in the property and consequently quash order dated 23.01.2009 for sale and order dated 17.04.2009 for confirmation of sale in favour of respondent no.7. (iv) To direct respondent no.6 to pay the compensation awarded in favour of the petitioner in Land Acquisition Case No.15 of 2008-09 and release the same in favour of legal heirs of petitioner no.2 or deposit the same in the court in view of section 31 of the Land Acquisition Act, 1894. (v) For any other relief(s) for which the petitioners are found to be entitled. 3. From the facts and circumstances of this case it transpires that against orders dated 23.01.2009, 17.04.2009 and 16.03.2009 (Annexure-10) passed by the Recovery Officer in R.P.Case No.55 of 2006 the petitioners filed Appeal Case No.09 of 2009 under section 30 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 before the Debts Recovery Tribunal, Patna which dismissed the said appeal vide impugned order dated 29.10.2010 (Annexure-14). 4. The aforesaid Act specifically provides under section 20 of the Act that an appeal will lie before the appellate - 3 - Tribunal against the decision of the Debts Recovery Tribunal and the points raised by the petitioner could have been very well considered and decided by the statutory appellate Tribunal. Hence, there was no occasion for the petitioners to ignore the said provision and file a writ petition in this court. Furthermore, this court does not find any special reason to interfere in such matter specially when an appropriate alternative remedy is available to the petitioners. Accordingly, this writ petition is dismissed. Harish (S.N. Hussain, J.)