Neutral Citation No. - 2025:AHC:63268-DB Court No. - 40 Case :- WRIT - C No. - 12156 of 2025 Petitioner :- Smt. Harshita Bhadauria Respondent :- The District Magistrate Kanpur Nagar And 4 Others Counsel for Petitioner :- Maneesh Mehrotra Counsel for Respondent :- C.S.C.,Prabodh Kumar Bajpai Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Sri Jainendra Kumar Mishra, learned counsel has put in appearance on behalf of respondent no.5 by filing his vakalatnama today in the Court, which is taken on record. 2. Heard learned counsel appearing on behalf of the parties. 3. In the present case the writ petitioner has sought for the following reliefs:- "(i) To issue a suitable writ, order or direction in the nature of mandamus directing the Respondents to handover the peaceful possession of the property, namely, Plot No.117/81 Part of Arazi No.800 Block 'P' area 250.80 square meters to the petitioner/auction purchaser forthwith (which was purchased by the petitioner in the year 2022). (ii) Any other relief which this Hon'ble Court deem just and proper in the circumstances of the case may also be awarded to the Petitioner. (iii) Award the cost of the writ petition to the petitioner." 4. It is to be noted that the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act') was passed on February 25, 2025 by the District Magistrate. 5. Learned counsel appearing on behalf of the borrower submits the he has filed an application before the Debt Recovery Tribunal against the said order and the next date of hearing is fixed for April 29, 2025. 6. It is trite law that mere pendency of proceedings under the Act before the Debt Recovery Tribunal cannot be a ground for halting the order passed under Section 14 of the Act. 7. In light of the above, the authority concerned is directed to handover the peaceful possession of the property in question to the bank and the bank upon receiving the possession of the property, the bank is directed to handover the possession of the same to the auction purchaser. The authority concerned is directed to take all the measures required including the police assistance for carrying out the order passed under Section 14 of the Act. 8. Needless to mention that the borrower is entitled to pursue the remedy before the Debut Recovery Tribunal. Keeping in mind the urgency in the matter the Debt Recovery Tribunal is directed to expedite the hearing of the borrower's application filed under the Act expeditiously. 9. With the above directions, this writ petition is disposed of. Order Date :- 23.4.2025 Dev (Dr. Y. K. Srivastava,J.) (Shekhar B. Saraf,J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad