HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35950 of 2025 Court No. - 3 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE INDRAJEET SHUKLA, J. 1. Heard Ms. Shruti Malviya, learned counsel for the petitioner-bank and Sri Mukul Tripathi, learned Standing Counsel for the State-respondents. 2. Present writ petition has been filed for the following relief : "(i) Issue writ, order or direction, in the nature of certiorari quashing the order dated 18.09.2025 passed by Additional District Magistrate (Judicial) Shahjahanpur by means of which its own order dated 23.08.2025 passed under Section 14 of SARFAESI Act, 2002; (ii) Issue writ, order or direction, in the nature of writ of mandamus directing the respondent authorities to complete the process of physical possession of the immovable secured asset as per provisions under Section 142(2) of SARFAESI ACt, 2002; (iii) Issue any other order or direction of suitable nature commanding respondent No.2 & 3 to ensure actual physical possession of immovable mortgaged property/Secured Asset to the petitioner as per provisions under Section 14(2) of SARFAESI Act; (iv) Issue any other order or direction of suitable nature commanding respondent Versus Counsel for Petitioner(s) : Shruti Malviya Counsel for Respondent(s) : C.S.C. Bank Of Maharashtra And Another .....Petitioner(s) State Of Up And 7 Others .....Respondent(s) authorities to extent all administrative/police assistance in completing the process of physical possession of immovable property/secured assets to the petitioner under Section 142(2) of SARFAESI Act, 2002." 3. On brief hearing, we had passed the below quoted order on 15.10.2025 : "1. Ms. Shruti Malviya, learned counsel for the petitioner bank contends that the impugned order is in the teeth of the directions passed by this Court in Shipra Hotels Limited and another Vs. State of UP and others, 2022 (12) ADJ 473. Once the order has been passed under Section 14, no opportunity of personal hearing is required to be given to the borrower. Therefore, the impugned order dated 18.09.2025 passed by the ADM (Judicial), Shahjahanpur recalling the earlier order dated 23.08.2025 is wholly erroneous and without jurisdiction besides being contrary to the law laid down by this Court. 2. It has been pointed out that the same issue has arisen in Writ-C No.15313 of 2024, from the same district. 3. In such facts, learned Standing Counsel prays for and is granted a week's time to file personal affidavit of ADM (Judicial), Shahjahanpur to apprise the Court of the correct facts involved in the present case and also to disclose if the earlier writ proceedings (Writ-C No.15313 of 2024) had arisen from any order passed by the same officer who has passed the impugned order. 4. Put up as fresh on 29.10.2025 alongwith the records of Writ-C No.15313 of 2024. 5. In the meanwhile, it is left open that respondent no.3, ADM (Judicial), Shahjahanpur may proceed in accordance with law." 4. Today, Sri Mukul Tripathi, learned Standing Counsel has filed personal affidavit of Additional District Magistrate (Judicial), Shahjahanpur. It has WRIC No. 35950 of 2025 2 thus been shown that the necessary order has been passed to recall the offending order which was in the teeth of the earlier decision of this Court in Shipra Hotels Limited & Anr. Vs. State of U.P. & Ors., 2022 (12) ADJ 473. 5. Compliance affidavit is taken on record. 6. In view of the above, nothing survives with respect to prayer no. (i). Insofar as other prayers are concerned, we hope and trust that the proceedings would be concluded strictly in accordance with law, as expeditiously as possible, preferably within a period of three months, if there is no legal impediment. 7. Present writ petition is disposed of with the above observation. October 29, 2025 Abhilash WRIC No. 35950 of 2025 3 (Indrajeet Shukla,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad