MR.DURGESH NIGAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 7 OTHERS
WRIC/6447/2025 · 2025-07-18
Manish Kumar, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 149852 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 149852 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41120-DB Court No. - 2 Case :- WRIT - C No. - 6447 of 2025 Petitioner :- Mr.Durgesh Nigam Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 7 Others Counsel for Petitioner :- Puneet Kumar Verma Counsel for Respondent :- C.S.C.,Jagdeshwar Prasad Yadav,Sharad Tewari,Surendra Yadav Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. Vakalatnama filed by Sri Chandra Shekhar Sinha, Advocate on behalf of opposite party nos 4 & 5 is taken on record. The petitioner is an auction purchaser. His grievance is that possession of the secured assets which he had purchased in auction has not been handed over by the Bank i.e. opposite party nos. 4 & 5. Counsel for the Bank says that an order has been passed the Additional City Magistrate-IV, Lucknow on 10.01.2025 under Section 14 of the SARFAESI Act but it has not been implemented whereas learned Standing Counsel says that 16th June, 2025 was the date fixed for taking possession and handing it over to the Bank but none of the officials of the Bank was present. Assuming it was so, the Additional City Magistrate- IV, Lucknow could have taken possession of the secured asset at least and then called upon the Bank to take possession. Nevertheless, counsel for the Bank, Sri Chandra Shekhar Sinha shall ensure the presence of the Bank Officials on 29.07.2025 with prior intimation to the Additional City Magistrate-IV, Lucknow and to Sri Shailesh Tiwari, who shall co-ordinate in the matter between the Bank and the Additional City Magistrate-IV, Lucknow so that, the order aforesaid is given effect unless there is any legal impediment. The matter shall be disposed of in terms of our recent judgments dated 25.10.2024 passed in Writ C No. 8867 of 2024 (Bank of Baroda Vs. State of U.P. and 8 others) and 14.11.2024 passed in 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), positively on the next date, if not possible for any unavoidable circumstances, then within the next fifteen days therefrom. Needless to say that once the actual physical possession is handed over to the Bank, the same would be handed over to the petitioner-auction purchaser as per Rules, unless
there is any legal impediment within ten days of taking possession by the Bank. Writ petition stands disposed of accordingly.
[Manish Kumar, J.] [Rajan Roy,J] Order Date :- 18.7.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench