Patna High Court

Writ jurisdiction cannot be invoked to seek loan waiver or extension of repayment schedules absent legal or fundamental right infringement.

Suman Kumar vs The State of Bihar

Patna High CourtJUDGMENT: July 20, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, Suman Kumar, availed an education loan but defaulted on repayments due to his inability to secure employment

Source reference: para. 2

He filed a writ petition under Article 226 of the Constitution of India seeking reliefs including a one-time settlement (OTS), a five-year extension for repayment, or a partial waiver of the originally due amount in Equated Monthly Installments (EMIs)

Source reference: para. 1

During the proceedings, it was noted that the original respondent bank had merged into the Bihar Gramin Bank

Source reference: para. 4
02

Issues

Whether a Writ of Mandamus can be issued under Article 226 to direct a bank to grant loan waivers or extensions in the absence of a violation of legal or fundamental rights

Source reference: para. 2
03

Law Applied

principles governing the extraordinary jurisdiction of High Courts under Article 226 of the Constitution of India

Source reference: para. 2

For a writ petition to be maintainable, there must be an infringement of a legal or fundamental right or a violation of the principles of natural justice

Source reference: para. 2
04

Reasoning

The Court observed that the petitioner’s inability to repay the loan was a personal financial grievance rather than a legal wrong committed by the State or the bank.

Source reference: para. 2

Since the petitioner failed to demonstrate any breach of statutory duty, violation of natural justice, or infringement of a specific legal right by the respondents, the Court determined that it could not entertain the petition under its writ jurisdiction

Source reference: para. 2

the Regional Manager of the Bihar Gramin Bank is the competent authority to consider requests on sympathetic grounds

Source reference: para. 4-5
05

Holding

The Court declined to grant the specific reliefs prayed for in the writ petition but granted liberty to the petitioner to file a representation before the Regional Manager, Bihar Gramin Bank, within one month

The Court directed the concerned authority to pass an appropriate order on the said representation within three months of its filing

Source reference: para. 5

The writ petition was disposed of with these observations

Source reference: para. 6
Patna High Court

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Suman KumarvsThe State of Bihar

Patna High Court · July 20, 2026

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