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2026 DAILYLAW 2887 (BOM)

GOVINDSINGH NANABHAU GIRASE v. THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

WP/9597/2026 · 2026-08-06

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Judgment text

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*1* 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9596 OF 2026 BHATESINGH CHANDRASINGH GIRASE VERSUS THE STATE OF MAHARASHTRA & ORS. … WRIT PETITION NO.9597 OF 2026 GOVINDSINGH NANABHAU GIRASE VERSUS THE STATE OF MAHARASHTRA & ORS. … WRIT PETITION NO.9598 OF 2026 BHAGWANSINGH DADABHAI GIRASE VERSUS THE STATE OF MAHARASHTRA & ORS. … Mr. Syd Azizoddin R. Advocate for the petitioner in all petitions. Mr. N. S. Tekale, Mr. S. R. Wakle and Mr. A. M. Phule, AGPs in respective petitions. ... CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 6th AUGUST 2026 P. C. :- 1. By these petitions, the petitioners have challenged the possession warrant/notice dated 16.07.2026 issued by Respondent No.4, the Additional Tahsildar, Dondaicha. 2. Respondent No.5-Bank has obtained an order under Section 14 of the Securitization and Reconstruction of Financial Narwade 2026:BHC-AUG:35440-DB *2* 2 Assets and Enforcement of the Security Interest Act, 2002, against the petitioners. For execution of the said order, the impugned notices are issued by Respondent No.4-Additional Tahsildar. 3. Respondent No.5-Bank, in whose favour the said order is issued is served privately. Learned Advocate Mr. Munde appears for Respondent No.5-Bank. On instructions from the Bank, he makes a statement that the possession is not taken today as no responsible officer from the Office of Respondent No.4, Additional Tahsildar remained present for execution of the said order. He, therefore, submits that the petition is rendered infructuous since no possession is taken. He further submits that the petitioners have an alternate efficacious remedy of approaching the Debt Recovery Tribunal. 4. Communication addressed to Respondent No.4, the Additional Tahsildar by Respondent No.5-Bank dated 06.08.2026 is taken on record and marked ‘X’ for identification. 5. Learned Advocate for the petitioners submits that the Petitioners are poor agriculturists. They could not repay the loan due to the Covid-19 situation and thereafter adverse climatic situation. He further submits that they are in the process of Narwade *3* 2 arranging one time repayment of the loan. 6. In the light of the above, Writ Petitions are disposed of by granting liberty to the petitioners to approach Respondent No.5- Bank with a request for settlement or the Debt Recovery Tribunal. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade