BANK OF BARODA v. DISTRICT MAGISTRATE, ETAH, U.P. AND 7 OTHERS
WRIC/14348/2025 · 2025-05-13
Shekhar B Saraf, Y K Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54079 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54079 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79359-DB Court No. - 40 Case :- WRIT - C No. - 14348 of 2025 Petitioner :- Bank Of Baroda Respondent :- District Magistrate, Etah, U.P. And 7 Others Counsel for Petitioner :- Shashi Bhushan Singh Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,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:
"Issue a writ, order or direction in the nature of mandamus commanding the opposite parties no. 1 to 3 to take over the physical possession of the mortgage property bearing House No. 6, Sector- 22, Mohalla Civil lines, Pargana- Etah-Sakeet, Tehsil-Sadar, District-Etah U.P registered vide- 04-Sale Deeds admeasuring 380.02 Sq. mtrs or 4086.29 Sq ft (i.e. 95.33 sq. mtr. + 95.53 sq. mtr. + 94.062 sq. mtr. + 95.10 sq. mtr) standing in the name of Smt. Madhu, W/o Sh. Gopal Krishna and hand it over the same to the petitioner/Bank, forthwith, in furtherance to order dated 16.12.2021 passed by the District Magistrate, Etah, U.P in Misc case no. 1075 of 2021 under the provisions of section 14 of the Securitisation and Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002."
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 District Magistrate, Etah, on December 16, 2021, 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, Etah should complete the task of handing over the physical possession of the property in question to the petitioner within a period of twelve weeks from date. 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. Order Date :- 14.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad