Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 158784 (ALL)

CANARA BANK, THRU.SENIOR MANAGER SMT.RICHA SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO. AND 5 OTHERS

WRIC/8013/2025 · 2025-08-25

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8013 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing counsel for the State Respondent nos.1 to 3 and perused the record. 2. This petition has been filed with the following main prayer:- "(i). Issue a writ order or direction in the nature of Mandamus commanding the respondent no. 3 to provide all assistance to the petitioner Bank in taking over the physical possession of the secured asset/property i.e. Plot No.728 situated in village Miranpur, Pargana and Tehsil Tanda District Ambedkar Nagar in pursuance of order dated 27.08.2024 passed by the learned District Magistrate, Ambedkar Nagar under Section 14 of the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 within such stipulated period of time as may be fixed by this Hon'ble Court." 3. Learned counsel for the petitioner says that even after order has been passed under Section 14 of the SARFAESI Act, actual physical possession has not been handed over to the Bank. 4. Learned Standing Counsel has produced before this Court a copy of instructions sent by Sub Divisional Officer, Akbarpur dated 21.08.2025 wherein it has been stated that the date of 07.05.2025 was fixed and Naib Tehsildar, Akbarpur was nominated to deliver the actual physical possession. The notice regarding the same was also given to the bank and to the In-charge, Inspector of Police Station Kotwali Akbarpur. 5. The Bank did not send any Representative on 07.05.2025 to take over actual physical possession. No application was also made by the bank to fix another date. Versus Counsel for Petitioner(s) : Alok Saxena, Paras Pradhan Counsel for Respondent(s) : C.S.C. Canara Bank, Thru.Senior Manager Smt.Richa Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And 5 Others .....Respondent(s) 6. Again, now date has been fixed as 04.09.2025 and information regarding the same has been given to the Administration and to the police station concerned along with the bank. 7. Instructions are kept on record. 8. The writ petition stands disposed of with a direction to the Bank to send its Representative on 04.09.2025 for the purpose of taking over actual physical possession of the secured assets. August 25, 2025 Pks WRIC No. 8013 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench