JANA SMALL FINANCE BANK LTD v. STATE OF UTTAR PRADESH AND 6 OTHERS
WRIC/15448/2026 · 2026-04-22
Ajit Kumar, Indrajeet Shukla
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1126 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1126 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 15448 of 2026 Court No. - 1 HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Shri R.K. Srivastava, learned counsel for the petitioner and Shri P.K. Shahi, learned Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution, petitioner has prayed for a direction to the competent authority under Section 14 of SARFAESI Act, 2002 to get his order dated 27th December, 2021 executed for delivery of possession of the secured assets in favour of the secured creditor.
4. It is contended by learned counsel for the petitioner that in the light of the judgment of Supreme Court in the case of C. Bright v. The District Collector & others, AIR 2020 SC 5747, it is the duty of the competent authority to provide for a Nodal Officer, may be Sub Divisional Magistrate or any other revenue authority and also necessary police force to get the order passed under Section 14 executed in accordance with law.
5. Learned Standing Counsel submits that if the petitioner approaches the authority, the authority shall ensure the compliance of the order passed under Section 14 of SARFAESI Act, 2002.
6. In view of the above, we dispose of this petition with a direction to the petitioner to file an application before the competent authority within a period of two weeks from today and in the event if such application is filed as directed herein above, the competent authority shall ensure that the order passed under Section 14 of SARFASIA Act, 2002 dated 27th December, 2021 gets executed in accordance with law and in the light of the judgment of Supreme Court in the case of C. Bright (supra) within a further period of four weeks, if otherwise, there is no legal impediment and there is a compliance of Section 26D of SARFAESI Act, 2002. April 23, 2026 S.P. Versus Counsel for Petitioner(s) : Rajesh Kumar Srivastava Counsel for Respondent(s) : C.S.C. (Indrajeet Shukla,J.) (Ajit Kumar,J.) Jana Small Finance Bank Ltd .....Petitioner(s) State Of Uttar Pradesh And 6 Others .....Respondent(s) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad