Disposed

M/s.Edelweiss Housing Finance Limited, v. The State of Andhra Pradesh

Andhra Pradesh HC13 Nov 2019WP/17710/2019

Case brief

AI extract

What is this about?

This is a writ petition challenging inaction by police authorities in providing assistance for enforcing a possession order under the SARFAESI Act passed by the District Collector. The court disposed of the petition, directing the petitioner to submit a representation for police protection within one week.

What did the court decide?

Petitioner directed to file representation for police protection within one week; Police to extend protection within two weeks thereafter.

M/s.Edelweiss Housing Finance… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2019)

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI AND THE HON’BLE SRI JUSTICE M.GANGARAO

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WRIT PETITION No.17710 OF 2019

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ORDER:- (Per Hon’ble Sri Justice A.V.Sesha Sai)

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Heard the learned counsel for the petitioner, the learned Government Pleader for Home appearing for respondent Nos.1 to 3 and the learned Government Pleader for Revenue appearing for respondent Nos.4 and 5.

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Grievance of the petitioner in the present Writ Petition is the alleged inaction on the part of the respondent Nos.1 to 3, in providing required police assistance as per the request made by the 5^th respondent/Tahsildar, Nellore Urban Mandal, Nellore, SPSR Nellore District, for the purpose of implementing the order dated 15.03.2018, passed by the 4^th respondent under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, SARFAESI Act, 2002).

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The Authorized Officer of the petitioner/financial institution filed an application before the Collector and District Magistrate, Nellore District on 12.01.2018, under Section 14 of the SARFAESI Act, 2002. The schedule of the property mentioned in the said application is as follows:

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Schedule of Properties

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SPSR Nellore Registration district; Nellore Stone House pet Sub-Registration; Nellore Municipal Corporation limits, Nellore Bit-II, lakshmi Nagar Extension Balaji Nagar,

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Lands in Survey no.604, 606/c,608/2,609/1-A, 611/B, 829/A,B,C & 608/1A, were approved by APT & C planning D.Dis.No.20820/80, D5, dt.16.02.1982, vide L.P.No.66/1982, out of which plot No.47, bearing door No.27/21302, Assessment No.49303, measuring 16 Ankanams & 19 ½ Sq.feet towards Northern part out of 40 Ankanams & 19 ½ Sq.feet. In which a house covered with R.C.C roof was constructed therein and bounded by –

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East South West North

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: Lay out road

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: House and Site of R.Padmavathi

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: Plot No.43 belonged to C.Syamsundar Rao

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: House and Site of Suryanarayana in Plot no.46.

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Sale deed No.3928/2016, Stone House pet S.R.O.

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The District Collector passed an order dated 15.03.2018 vide File No.COLNLR-DSED/26/2018-JA(D1)REVNLR, asking the Tahsildar, Nellore, to take over the possession of the above said properties and to hand over the same to the petitioner/financial institution. In pursuance of the said order passed by the District Collector, the Tahsildar Nellore Urban Mandal, Nellore vide letter bearing No.Rc.B.153/2019, dated 13.05.2019, requested the Station House Officer, VI Town Police Station, Nellore, to provide police force and to assist the Village Revenue Officer, Mandal Revenue Inspector and Deputy Surveyor, Nellore Urban on 11.07.2019, with a further direction to the Mandal Revenue Inspector and Deputy Surveyor, Nellore Urban, to take possession of the said property and to hand over the same to the authorized officer of the petitioner institution. Subsequently, according to the petitioner, the petitioner institution submitted a representation to the Superintendent of Police, SPSR Nellore District 2^nd respondent herein, requesting to issue necessary instructions to the Station House Officer, to extend police

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assistance. Thereafter, once again on 20.08.2019, the Tahsildar, Nellore Urban Mandal, Nellore District vide Rc.A.153/2019 dated 20.08.2019, made a request to the Station House Officer, VI Town Police Station, Balaji Nagar, Nellore 3^rd respondent herein, for necessary action and the same was followed by another letter dated 30^th day of August, 2019. In the above background, complaining inaction on the part of the police authorities, despite its representation, the petitioner is before this Court by way of the present Writ Petition.

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In this context, it may be appropriate to refer to sub Section 2 of Section 14 of the SARFAESI Act, 2002 , which reads as under:

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“For the purpose of securing compliance with the provisions of subsection (1), the Chief Metropolitan Magistrate or the District Magistrate may take or cause to be taken such steps and use, or cause to be used, such force, as may, in his opinion, be necessary ” .

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Obviously, in terms of the above said provision of law, the Revenue Authorities sought the assistance of the police for enforcing of the orders passed under Section 14 of the SARFAESI Act, 2002. A reading of the said provision of law makes it abundantly clear that there is an obligation on the part of the concerned authorities, to extend their assistance for compliance of the orders passed under Section 14 of the SARFAESI Act, 2002. Today, at the hearing, it is submitted by the learned Government Pleader that the police authorities extended their assistance on 2^nd November, 2019. However, on instructions, the same is seriously disputed by the learned counsel for the petitioner.

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Having regard to the above submissions, this Writ Petition is disposed of, leaving it open for the petitioner herein to submit a representation, in writing, before the respondent police authorities, marking a copy of the same to the Revenue Authorities within a period of one week from the date of receipt of a copy of the order for necessary police protection for implementation of the order passed by the District Collector and Magistrate under Section 14 of the SARFAESI Act, 2002 on 15.03.2018 vide file NoCOLNLR-DSED/26/2018-JA(D1)-REVNLR. If any such representation is made, the respondent police authorities shall extend the police protection to the petitioner herein for compliance of the above said order within a period of two weeks thereafter. There shall be no order as to costs.

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Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

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__________________________ JUSTICE A.V.SESHA SAI

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_______________________ JUSTICE M.GANGARAO

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Date: 13.11.2019 RJS

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI AND THE HON’BLE SRI JUSTICE M.GANGARAO

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WRIT PETITION No.17710 OF 2019

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Date: 13.11.2019

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RJS

M/s.Edelweiss Housing Finance Limited, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s.Edelweiss Housing Finance Limited, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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