HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CJ Court Case: WP(C) No. 741/2025 The Jammu and Kashmir Bank Limited, A company incorporated under the Companies Act, having its Registered and Corporate Zonal Office, M.A. Road, Srinagar and Zonal Office at Rail Head Complex, Jammu through Sh. Mandeep Dev Singh, Manager, age 44 years .....Appellant(s)/Petitioner(s) Through :- Mr. R.K. Jain, Sr. Advocate with Mr. Kritika Jain, Advocate v/s 1. Union Territory of J&K Through Financial Commissioner, Revenue Department, Civil Secretariat, Srinagar 2. The District Magistrate, Union Territory of J&K, District Samba 3. The Additional District Magistrate, Union Territory of J&K, District Samba 4. The Tehsildar, Bari Brahmana, District Samba, Union Territory of Jammu and Kashmir 5. Aditya Malhotra S/O Sh. Amrit Malhotra R/O House No. 3, Residency Road, Jammu 6. Ankur Mahajan S/O Sh. Jatinder Gupta R/O House No. 3, Extension, Karan Nagar, Jammu Sr. No. 06 2 WP(C) No. 741/2025 7. M/S BHS Reality Private Limited C/O Platinum Tower, Bari Brahmana, Samba Through its Director .....Respondent(s) Through :- CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER 27.03.2025 1. The present writ petition has been filed by the petitioner-The Jammu and Kashmir Bank Limited, under Article 226 of the Constitution of India, seeking a direction from this Court to command the respondent No. 4- The Tehsildar, Bari Brahmana, District Samba, UT of J&K, to implement the Order No. DCS/SM/2024-25/144-47 dated 24.06.2024 passed by respondent No. 2- District Magistrate, Samba, through respondent No. 3-The Additional District Magistrate, Samba, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, whereby direction was given to the respondent No. 4 to take over possession of the secured assets comprising land measuring 12 kanals underlying khasra No.826 and 826 min situated at Birpur, District Samba standing in the name of respondent Nos. 5 and 6, respectively. 2. It has been alleged in the petition that despite the order having been passed by the District Magistrate on 24.06.2024, the follow up for taking over the possession of the land which is a secured assets has 3 WP(C) No. 741/2025 not been carried out by respondent No.4-Tehsildar, Bari Brahmana, District Samba and hence, this petition. 3. Learned senior counsel for the petitioner submits that since the petitioner seeks an innocuous direction from this Court to direct the respondent No.4 to implement the Order dated 24.06.2024 passed by Additional District Magistrate, Samba, which he is obliged to pass in terms of the statute, therefore, he would be satisfied in case the petition is disposed of, at this motion stage by directing the respondent No.4 to implement the aforesaid order. 4. Accordingly, at the request of learned senior counsel for the petitioner, we deem it appropriate to dispose of this writ petition by directing the respondent No.4-The Tehsildar, Bari Brahmana, District Samba, UT of J&K, to implement, the Order No. DCS/SM/2024-25/144-47 dated 24.06.2024 passed by respondent No. 2- District Magistrate, Samba, through respondent No. 3-The Additional District Magistrate, Samba, strictly under rules within a period of two weeks from the date a copy of this order is served upon him, provided that the same has already not been implemented. 5. This writ petition, is accordingly, disposed of, alongwith connected application(s). (M A CHOWDHARY) (TASHI RABSTAN) JUDGE CHIEF JUSTICE JAMMU 27.03.2025 SUNIL