Indian Bank (Allahabad)Sam Brach through Its Authorized Officer, Rahul Jaiswal Vs the State of Jharkhand

2026:JHHC:20919

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 4821 of 2026

Indian Bank (formerly Allahabad Bank), SAM Branch Ranchi, represented through its Chief Manager Mr. Rahul Jaiswal, aged 51 years son of Narayan Prasad of both having their office at 3rd Floor, Paras Complex, Circular Road, P.O. & P.S. Lalpur, District Ranchi .... Petitioner(s).

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Versus

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State of Jharkhand

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District Magistrate cum Dy. Commissioner, East Singhbhum having its office of the Deputy Commissioner Sakchi, P.O. & P.S. Sakchi, Jamshedpur, East Singhbhum, Jharkhand.

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Babubhai Metalics Pvt. Limited, represented through one of the Director Mr. Sourav Kumar, Corp. office 57, Jacob villa, 2nd floor, NLO Sitaramdera, P.O.& P.S. Agrico, Jamshedpur, Jharkhand.

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Mr. Sourav Kumar, son of Mr Subodh Kumar, Resident of, H.No. 1 Adarshnagar, Bhuiyadih, P.O. & P.S. - Agrico, Jamshedpur, Jharkhand. 5. Mrs. Sashi Jaiswal, Wife of Mr. Sourav Kumar, Resident of, H.No. 1 Adarshnagar, Bhuiyadih, P.O. & P.S. Agrico, Jamshedpur, Jharkhand. 6. Mr. Subodh Kumar son of Late Rajendra Prasad, resident of H. No. 1, Adarsh Nagar, Bhuiyadih, P.O. & P.S. Agrico, Jamshedpur, Jharkhand.

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… Respondents.

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With

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W.P. (C) No. 4827 of 2026

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-----

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Indian Bank (Allahabad), SAM Branch, duly incorporated under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its corporate office at Chennai and one of its office at Paras Complex, Third Floor, Lalpur Chowk, Circular Road, P.O. and P.S.-Lalpur, Town and District Ranchi through its Authorized officer, Rahul Jaiswal, age about 51 years, son of Late Narayan Pd. Jaiswal, resident of Paras Complex, Third Floor, Lalpur Chowk, Circular Road, P.O. & P.S. - Lalpur, District - Ranchi. ….Petitioner

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Versus

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The State of Jharkhand

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The Deputy Commissioner, Deoghar, having its office at Collectorate Building, P.O.-Deoghar Head Post Office, P.S.-Deoghar, District -Deoghar.

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….Respondents With

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W.P. (C) No. 4869 of 2026

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Jharkhand Gramin Bank, a Banking Institution constituted and formed under the provisions of the Regional Rural Banks Act, 1976 (sponsored by the State Bank of India), having its Head Office at 3rd Floor, Zila Parishad Market Complex, Kutchery Road, Ranchi 834001, and having one of its branch office Stressed Asset Resolution Branch (SARB) at Zila Parishad Market Complex, 4th floor, Kutchery road, Ranchi, Jharkhand - 834001, being represented through its authorised signatory being Mr. Ramcharan Prasad Rajak S/O Late Maho Ram, age abt- 59 years, the Chief Manager of the SARB, Jharkhand Gramin Bank, Ranchi, Email id: [email protected], IFSC;

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SBINORRVCGB, Mob. No. 799 2419038 …. Petitioner

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Versus

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State of Jharkhand, through the Secretary, Department of Personnel, Administrative Reforms & Rajbhasa, Government of Jharkhand, Project Building, PO+PS- Dhurwa, Ranchi.

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The District Collector-cum-District Magistrate, Deoghar, Office of the District Collector, Deoghar, P.O. & P.S. Deoghar, District: Deoghar- 814112, Jh.

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M/s Hotel Mahamaya Palace (Borrower/Mortgagor), through its Proprietor, Mr. Sachin Mishra S/o Mohananand Mishra, residing at; Shital Mallik Road, Near Sita Hotel, Bilasi Town, PO- B. Deoghar, P.S.- Sadar, District-Deoghar814112, Jharkhand.

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Smt. Mahamaya Mishra (Mortgagor & Guarantor), W/o Mohananand Mis, residing at Shital Mallik Road, Near Sita Hotel, Bilasi Town, PO- B. Deoghar, P.S. Sadar, District-Deoghar 814112, Jharkhand. ….Respondents

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------- CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. P.A.S. Pati, Advocate [In W.P.(C) No.4821 of 2026] M/s Pargunee Kashyap, Advocate [In W.P.(C) No.4827 of 2026] Mr. Abhishek Gautam, Advocate [In W.P.(C) No.4869 of 2026] For the Respondents : Mr. Shantanu Gupta, AC to GP-III Mr. Sahbaj Aktar, AC to AAG-III [In W.P.(C) No.4821 of 2026] Mr. Chandan Tiwari, AC to GA-I [In W.P.(C) No.4869 of 2026] ------

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03/ 15.07.2026 : These matters were kept pending awaiting the judgment, which was to be pronounced in W.P.(C) No.4270 of 2026 and analogous cases, as the issue involve is exactly the same.

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The issue involved in these writ applications is the pendency of the application under Section 14 of the SARFAESI Act, 2002 before the District Magistrates of the concerned districts. The petitioners, who are the financial institutions, had approached the District Magistrates of the respective districts to assess and to take possession of the properties, which were mortgaged with the financial institutions by the borrowers. After a decision was taken by the financial institutions under Section 13 of the SARFAESI Act, 2002, they proceeded to seek assistance from the Deputy Commissioner/ District Magistrates. The District Magistrates kept the matter pending and

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has not passed an appropriate order. The statutory period has lapsed, which led to filing of these writ petitions for a mandamus to direct the District Magistrates to pass an appropriate order.

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The issues involved in these writ petitions are same to that of W.P.(C) No.4270 of 2026 and analogous cases, whose judgment has been pronounced today. A detailed order has been passed considering the scope of Section 14 of the SARFAESI Act, 2002, the jurisdiction of the District Magistrate and the Chief Judicial Magistrate. A general direction has also been passed for speedy disposal of the cases and also for maintaining transparency. Thus, these writ petitions are also covered by the judgment passed by this Court in W.P.(C) No.4270 of 2026 and analogous cases.

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Thus, the respondent No.2-District Magistrate-cum-Deputy Commissioner, East Singhbhum, Jamshedpur in W.P.(C) No.4821 of 2026, the respondent No.2-Deputy Commissioner, Deoghar in W.P.(C) No.4827 of 2026 and the respondent No.2-District Collector-cum-District Magistrate, Deoghar in W.P.(C) No.4869 of 2026 are directed to dispose of the application of the petitioners filed under Section 14 of the SARFAESI Act, 2002 within a period of three weeks from the date of receipt of copy of this order.

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With the aforesaid observations and directions, these writ petitions are disposed of.

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(ANANDA SEN, J.)

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15^th July, 2026 Madhav/Uploaded on:20/07/2026

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Indian Bank (Allahabad)Sam Brach through Its Authorized Officer, Rahul Jaiswal v. the State of Jharkhand

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Indian Bank (Allahabad)Sam Brach through Its Authorized Officer, Rahul Jaiswal v. the State of Jharkhand

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