BANK OF BARODA THRU. AUTHORISED OFFICER,MR.RAJEEV YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 4 OTHERS
WRIC/11386/2025 · 2025-11-26
Brij Raj Singh, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185482 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185482 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11386 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel appearing on behalf of the petitioner and Counsel for the State-respondents no.1 to 4. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made following main prayer(s):
"i. To issue a writ, order or direction in the nature of Mandamus thereby commanding the Respondent no. 2 to 4 to provide the police force immediately in terms of aforesaid provision of the SARFAESI Act, 2002 as well as Order, Dated-20.02.2020 passed by the DISTRICT MAGISTRATE, Gonda in Computerized Case No. D201908300000137 Case No. 00137/2019; Bank of Baroda V/S M/S JAGANATH SAINI U/S 14 of aforesaid Act of 2002 (Annexure No. 1) and also ensure the peaceful actual possession of the Secured Asset i.e. i.e. Gata No. 1073 (1250 sq. ft.) situated Gird Gonda, Nagariya Pargana- Tehsil District - Gonda, U.P. with Boundaries-East- House Maya Shukla, West House Sudhir Kant, North- 10ft. Kacha Rasta, South House Ramkumar immediately and without any further delay. ii. To issue a writ, order or direction in the nature of commanding the opposite parties to ensure the peaceful actual possession of the aforesaid secured asset as per the provisions of the Section 14 of SARFAESI Act, 2002."
3. Counsel appearing on behalf of the petitioner submits that there is no stay order from any court including the Debt Recovery Tribunal. He further submits that in spite of several requests, the order passed under Section 14 of SARFAESI Act, 2002 dated 20.02.2020 has not been executed. 4. Counsel appearing on behalf of the State submits that they are very much willing to handover the possession of the property to the petitioner. 5. In the light of the same, the District Magistrate, Gonda is directed to Versus Counsel for Petitioner(s) : Prashant Kumar Srivastava Counsel for Respondent(s) : C.S.C. Bank Of Baroda Thru. Authorised Officer,Mr.Rajeev Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And 4 Others .....Respondent(s)
give notice to the borrower as per law and take possession of the property. The District Magistrate should accordingly inform the petitioner of the date of handing over the possession of the property to the petitioner in accordance with law.
The entire process of handing over the possession of the property should be completed within a period of six weeks from the date in the event, there is no legal impediment standing in the way. 6. With the above direction, the writ petition is disposed of. November 26, 2025 Rao/- WRIC No. 11386 of 2025 2 (Brij Raj Singh,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench