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2026 DAILYLAW 41920 (CAL)

LIC HOUSING FINANCE LIMITED AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/25100/2026 · 2026-09-21

Partha Sarathi Chatterjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.09.2026 Ct. No.446 Sl. No.7 akd W. P. A. 25100 of 2026 [LIC Housing Finance Limited & Anr. -Vs- The State of West Bengal & Ors.] Mr. Rishabh Dutta Gupta … … for the petitioners Mr. Debashis Karmakar Mr. Arya Nandi Mr. Parikshit Lakhotia … … for respondent nos.5 to 7 Mr. Baidurya Ghosal Ms. Paramita Mondal … … for the State 1. Affidavit-of-service filed in court today is taken on record. 2. Fundamentally, the present writ petition has been preferred praying for a direction upon the concerned respondent to implement the order of the District Magistrate dated 8th August, 2023, passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “the SARFAESI Act”). By the said order, one Sri Biswajit Sarkar, WBCS (Exe.), was authorised to take possession of the secured asset and the documents relating thereto and to forward such asset and documents to the secured creditor with police assistance. However, subsequently, Mr. Sarkar was transferred and no person has been deputed in his place, empowering him to execute the order dated 8th August, 2023. In such circumstances, the present writ petition has been preferred. 3. In course of hearing, Mr. Ghosal, learned Advocate appearing for the State/respondents, submits a document wherefrom it appears that one Sri Arnab Saha, WBCS (Exe.), has 2 been appointed to take physical possession of the secured asset and to implement the order dated 8th August, 2023. 4. In view thereof, I am of the view that nothing remains to be adjudicated in the present writ petition and the same is accordingly, disposed of. 5. Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall be deemed to have not been admitted by the respondents. 6. There shall be no order as to costs. 7. Let urgent Photostat certified copy of this order be made available to the parties, if applied for, upon compliance of usual formalities. (Partha Sarathi Chatterjee, J.)