Dismissed¶19

Indian Bank through Authorized Officer/Chief Manager Amara Branch v. District Magistrate Varanasi and 10 Others

Allahabad HC17 Dec 2024WRIC/33931/2024

Case brief

AI extract

What is this about?

Section 14 SARFAESI Act; physical possession of secured assets; District Magistrate Varanasi assistance to bank; execution of s.14 order dated 29.11.2022; writ petition dismissed as infructuous after possession handed over on 16.12.2024; factual dispute over area of possession not cognizable in writ jurisdiction; Indian Bank Amara Branch; interim order in suit between private parties; liberty to avail alternative remedies; Allahabad High Court, WRIT - C No. 33931 of 2024, decided 18.12.2024.

What did the court decide?

No substantive relief; petitioner at liberty to avail the remedy as may be available to him in accordance with law, if so advised. ¶19

Indian Bank through Authorized Officer/Chief Manager… — Banking and Recovery | Allahabad HC (2024)

What the court decided

AI extract

Outcome

No substantive relief; petitioner at liberty to avail the remedy as may be available to him in accordance with law, if so advised.

¶19

Issue for consideration

Whether a writ of mandamus should issue commanding the District Magistrate, Varanasi to assist the petitioner bank in taking physical possession of the secured asset and to execute the order dated 29.11.2022 passed under section 14 of the SARFAESI Act. +1 more

¶9

Court's answer

The writ petition stands dismissed as having become infructuous, possession of the secured property having been handed over to the petitioner bank on 16.12.2024, with liberty to the petitioner to avail such remedy as may be available in accordance with law.

¶19

Ratio / Principle

Factual aspects, including the correctness of the area over which possession has been taken, cannot be looked into in writ jurisdiction.

¶18

Detailed headnote1 paragraphs

Indian Bank, through its Authorized Officer/Chief Manager, Amara Branch, filed WRIT - C No. 33931 of 2024 before the High Court of Judicature at Allahabad (coram: Vivek Kumar Birla and Nand Prabha Shukla, JJ.) seeking a mandamus commanding the District Magistrate, Varanasi (respondent no. 1) to assist the bank in taking physical possession of its secured asset (Arazi No. 81(Part), Area 4170 sq. mtrs., Mauza Rampur Machhiya, District Varanasi) and to execute the order dated 29.11.2022 passed by respondent no. 2 under section 14 of the SARFAESI Act, 2002. By an earlier order dated 21.11.2024, the Court took the supplementary affidavit on record and sought instructions from the State, noting an interim order in a suit between private parties to which neither the Bank nor the State was a party. On instructions of the Additional District Magistrate, Varanasi dated 16.12.2024, it transpired that possession of the property had been handed over on 16.12.2024. The private respondents' dispute as to the area over which possession was taken was held to be a factual aspect that cannot be looked into in writ jurisdiction. The petition was dismissed as infructuous, with liberty to the petitioner to avail available remedies in accordance with law.

¶1

Neutral Citation No. - 2024:AHC:198085-DB

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Court No. - 29

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Case :- WRIT - C No. - 33931 of 2024

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Petitioner :- Indian Bank Through Authorized Officer/Chief Manager Amara Branch Respondent :- District Magistrate Varanasi And 10 Others Counsel for Petitioner :- Amit Sonkar Counsel for Respondent :- C.S.C.

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Hon'ble Vivek Kumar Birla,J. Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Sri Vikas Kumar, Advocate, hoding brief of Sri Amit Sonkar, learned counsel for the petitioner and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for respondent no.6.

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Sri Brijesh Kumar Srivastava has put in appearance on behalf of respondent nos. 9 and 10.

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The present petition has been filed for the following relief:

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(i) Issue a writ, order or direction of suitable nature commanding the respondent no 1, the District Magistrate Varanasi to assist applicant bank in taking the physical possession of immovable property/secured assets (i.e Arazi No 81(Part) Area- 4170 sq.mtrs. at Mauza-Rampur Machhiya, Pargana-Majhwaar, District-Varanasi-UP)

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(ii) Issue a writ, order or direction in the nature of Mandamus commanding the respondent 1, the District Magistrate Varanasi to pass an appropriate order for the execution of the order passed by respondent no 2 dated 29.11.2022 section 14 of SARFASI act 2002, to deliver the physical possession over property (secured assets) within a period to be specified by this Hon'ble Court.

¶11

On 21.11.2024, the following order was passed:

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"1. Supplementary affidavit filed today by the learned counsel for the petitioner is taken on record.

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2. Learned Standing Counsel prays for and is granted three weeks' time to seek instructions in the matter in view of the assertion made and the document annexed with supplementary affidavit. He shall also seek categorical instructions under what circumstances, even after the interim order having been passed in a suit pending between the private parties where neither the Bank nor the State is not a party and that the interim order clearly reflect that it would not affect the real owner or the person claiming better

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title over the property, why authority is not proceeding further in the proceedings under Section 14 of the SARFAESI Act.

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3. Put up this case on 18.12.2024 as fresh."

¶16

Learned Additional Chief Standing Counsel has filed instructions dated 16.12.2024 under the signatures of Additional District Magistrate, Varanasi which are taken on record.

¶17

According to para 6 of the instructions, the possession of the property in question has been handed over on 16.12.2024.

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Learned counsel appearing for the private respondent has sought to dispute the correctness of the area over which the possession has been taken. All such factual aspects cannot be looked into in writ jurisdiction.

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Accordingly, the present petition stands dismissed having become infructuous.

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The petitioner is at liberty to avail the remedy as may be available to him in accordance with law, if so advised.

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Order Date :- 18.12.2024 Madhurima

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Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad

Indian Bank through Authorized Officer/Chief Manager Amara Branch v. District Magistrate Varanasi and 10 Others

Case brief

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Indian Bank through Authorized Officer/Chief Manager Amara Branch v. District Magistrate Varanasi and 10 Others

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