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2025 DAILYLAW 54807 (ALL)

STATE BANK OF INDIA v. STATE OF U.P. AND 10 OTHERS

WRIC/14592/2025 · 2025-05-14

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80932-DB Court No. - 40 Case :- WRIT - C No. - 14592 of 2025 Petitioner :- State Bank Of India Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Sandeep Arora 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 suitable writ, order or DIRECTIONS to the respondents No.3, 4 and 5 to hand over / deliver physical possession of the property in question to the petitioner bank for its subsequent transfer to Auction Purchaser, respondent No.11." 3. Counsel appearing on behalf of the petitioner submits that 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 Special Chief Judicial Magistrate, Kanpur Nagar on August 17, 2023, the petitioner has not got physical possession of the property in question. He further submits that an application under Section 17 of the aforesaid Act is pending before the Debts Recovery Tribunal concerned, however, there is no stay order on the said application. 4. In light of the above, we are of the view that the District Magistrate, Kanpur Nagar 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 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. Order Date :- 15.5.2025 Kuldeep (Dr. Y.K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad