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2025 DAILYLAW 86388 (ALL)

HDB FINANCIAL SERVICE LIMITED v. STATE OF UP AND 7 OTHERS

WRIC/27830/2025 · 2025-08-19

Prashant Bilgaiyan Registrar J Criminal, Shekhar B Saraf

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:142359-DB Court No. - 3 Case :- WRIT - C No. - 27830 of 2025 Petitioner :- Hdb Financial Service Limited Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Amit Shukla Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Praveen Kumar Giri,J. 1. Heard learned counsel for the parties. 2. This is a writ petition, under Article 226 of the Constitution of India, wherein following prayers have been made by the petitioners: "A. Issue a writ, order or direction in the nature of mandamus directing the respondent No.2 i.e. District Magistrate, District Ghaziabad, to ensure the actual physical possession of the secured mortgaged property "Plot no. - R-01, Block 3rd M, Nehru Nagar, Ghaziabad - 201001. (Boundaries as per notice U/S 13(2) SARFAESI Act, 2002.)" as directed by the Addl. District Magistrate (F&R), Ghaziabad on dated 07.07.2018 on the application of the petitioner U/S 14 of the SARFAESI Act, 2002. B. Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstance of the case in the interest of justice and equity; and C. Award the costs of the writ petition in favour of the petitioner." 3. Since the order under Section 14 of the SARFAESI Act has been passed on July 7, 2018, we are of the view that the authorities being respondent no.2 be directed to ensure compliance of the said order within a period of eight weeks in accordance with law. 4. Accordingly, the writ petition is disposed of. Order Date :- 20.8.2025 Dev (Praveen Kumar Giri J.) (Shekhar B. Saraf, J.) Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad