Neutral Citation No. - 2025:AHC-LKO:19294-DB Court No. - 2 Case :- WRIT - C No. - 3209 of 2025 Petitioner :- Balram Gupta Respondent :- District Magistrate,Bahraich And 4 Others Counsel for Petitioner :- Rakesh Kumar,Agendra Sinha Counsel for Respondent :- C.S.C.,Brajendra Amiy Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. 1. Heard learned Counsel for the petitioner, Shri Brajendra Amiy, learned Counsel for the Bank and learned Standing Counsel for the State. 2. Considering the order proposed to be passed issuance of notice opposite party No.5 is dispensed with. 3. The petitioner is the auction purchaser of the secured asset, possession of which was ordered to be handed over to the secured creditor i.e. the Punjab National Bank-opposite party No.4 by an order passed under Section 14 of the SARFAESI Act, 2002 on 09.09.2024, however, on account of the judgment dated 10.12.2024 passed in petition under Article 227 of the Constitution of India bearing No. No.6024 of 2024, the possession could not be handed over but the period for which the interim protection was granted by a Single Judge Bench of this Court on 10.12.2024 has already expired and till date there is no interim order by the Debt Recovery Tribunal, which may been any impediment in handing over of physical possession, therefore, as informed by Shri Manish Mishra, learned Additional Chief Standing Counsel, 17.04.2025 has been fixed as the date for handing over of physical possession. We have already held in our judgements dated 25.10.2024 and 14.11.2024 rendered in Writ C No. 8867 of 2024 (Bank of Baroda Vs. State of U.P. and 8 others) and Writ C No. 9723 of 2024 (Pnb Housing Finance Ltd. Lko. Thru. Authorised Representative Mr. Surya Prakash Mishra vs. State of U.P. and others) that the borrower does not have any right to be heard in the proceedings under Section 14 of SARFAESI Act, 2002 or in any writ petition arising out of it for its implementation of course this is without prejudice to the rights of the borrower or the guarantor to seek adequate relief before the D.R.T., which is open in this case also. Subject to it, this petition is disposed of with a direction to the opposite party No.1 to ensure handing over of physical possession of the secured asset in compliance of the order dated 09.09.2024 to the Bank concerned by the next date unless there is any legal impediment in this regard such as an order of the D.R.T. in the secularization application bearing No.842/2023 or any other application, which may have been filed by the borrower or guarantor. If for some reason, it is not possible to handover the possession on the said date then it shall positively be done within next 10 days unless there is any legal impediment as mentioned hereinabove. If the possession is handed over the Bank then the petitioner can claim the possession from the Bank as per law. (Om Prakash Shukla, J.) (Rajan Roy, J.) Order Date :- 7.4.2025 -Piyush- Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench