Neutral Citation No. - 2025:AHC:115709-DB Court No. - 3 Case :- WRIT - C No. - 23029 of 2024 Petitioner :- Noble Co-Operative Bank Limited Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Gyanesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel appearing on behalf of the parties. 2. In the present writ petition following prayers have been made by the petitioner:- "i. Issue necessary Order or Direction in the nature of Mandamus there by commanding to Respondent No.03 and 04 to execute order u/s 14(1) of SARFAESI Act, 2002, dated 13.01.2023 passed by the Respondent No. 02, for vacating and handing over the physical possession secured asset bearing address "H No. 829, Block - K, Sanjay Nagar, Sector 23, Ghaziabad" to the Petitioner in expeditious manner; and ii. Issue necessary Order or Direction under Writ of Mandamus or any other appropriate Writ, Direction or Order thereby commanding Respondent No. 03 and 04 to provide adequate aid/assistance and police force as per law and needful requirement, for taking such necessary action so that peaceful physical possession of secured asset under order passed u/s 14 SARFAESI Act dated 13.01.2023 may be handed over to Petitioner; and iii. Issue necessary Order or Direction under Writ of Mandamus or any other appropriate Writ, Direction or Order thereby commanding to Respondent No. 02 to exercise complete administrative supervision during the entire process of handing over peaceful physical possession of secured asset to Petitioner; and iv. Issue any other suitable Writ, Order or Direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in favour of the Petitioner, so that the Petitioner is able to securitize the secured asset in order to recover the legitimate public money as loan dues of Respondent No. 05 & 06; and/or V. Award the cost(s) of the present Writ Petition in favour of the Petitioner." 3. Upon perusal of the records it appears that due possession was granted to the petitioner after passing of 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'). However, it further appears that the borrowers have committed criminal trespass and have repossessed the property from the petitioner. 4. In light of the above situation, the petitioner shall be at liberty to file a fresh application under Section 14 of the Act before the District Magistrate/Additional District Magistrate (Finance and Revenue) and the said authority is directed to act in accordance with law keeping in mind the ratio enunciated in the judgement and order passed in DCB Bank Ltd. vs. State Of Uttar Pradesh And 7 Others (WRIT - C No. - 18575 of 2025 [Neutral Citation No. - 2025:AHC:104739-DB]) decided on July 4, 2025 passed by this Court. 5. With the above directions, this writ petition is disposed of. Order Date :- 16.7.2025 Dev (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad