STATE BANK OF INDIA THRU. CHIEF MANAGER/AUTHORIZED OFFICER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 7 OTHERS
WRIC/10132/2025 · 2025-10-15
Prashant Kumar, Shekhar B Saraf
body2025
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Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10132 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief:
"(i) issue a writ, order or direction in the nature of mandamus, commanding the opposite parties no.2 to 5 hand over the physical possession of the mortgage property in term of order dated 15.05.2025 passed by Additional District Magistrate, F/R, Bahraichin the Case No. 782/2024 (Computerized Case No. D202408150000782)(State Bank of India Stressed Assets Resolution Branch Vs. Buddha Trading Company and others), forthwith. (Annexure No. 1) (ii) issue a writ, order or direction in the nature of mandamus, commanding the Superintendent of Police to provide the necessary police force to ensure the possession to the Bank."
3. In spite of the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the Additional District Magistrate (F/R), Bahraich, on 15.05.2025, the petitioner has not got physical possession of the property.
4. In light of the same, we are of the view that the District Magistrate, Versus Counsel for Petitioner(s) : Shailendra Singh Rajawat Counsel for Respondent(s) : C.S.C. State Bank Of India Thru. Chief Manager/Authorized Officer .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 7 Others .....Respondent(s)
Bahraich should complete the task of handing over the physical possession of the property in question to the petitioner within a period of six weeks from date, if there is no other legal impediment. If the District Magistrate requires the assistance of the police personnel, the concerned police station should provide the assistance to the District Magistrate for the aforesaid purpose, in accordance with law.
5. With the aforesaid directions, the writ petition is disposed of. October 15, 2025 Anupam S/- WRIC No. 10132 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench