Canara Bank v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16240 of 2024 ====================================================== Canara Bank a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112, J.C. Road, Bengaluru 560002 and amongst others a Branch at Krea Campus Branch, Bettiah and one Regional Office Saran, Tribhuwan Complex, Near Police Line, Telpa Chapra, Saran represented by Sri Vikash Ranjan, the Divisional Manager duly constituted Attorney. ... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate, Bettiah, West Champaran.

2.

The District Magistrate, Bettiah, West Champaran. 3.

Dineshwar Prasad Gupta, S/o Bishwanath Prasad, Kotwali Chowk, Ganj No.2, Bettiah, West Champaran, 845438.

4.

Vinod Kumar, S/o Ganesh Prasad, Ganj No.2, Ilamram Chowk, Bettiah, West Champaran, 845438.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kishore, Adv.

For the Respondent/s :

Mr. Government Pleader (13) For the State :

Mr. Ravi Kumar, AC to GP-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 20-01-2025 It is stated by the counsel that though the District Magistrate has passed necessary orders under Section 14 of the SARFAESI Act vide letter No. 35 dated 23.03.2024, the physical possession of the same could not be taken on the date fixed. Thereafter, the authorities are not taking any steps to take the physical possession of the secured assets. Learned counsel has, therefore, sought a direction from this Court to the Respondent No. 2 to take necessary action strictly in accordance with law.

Patna High Court CWJC No.16240 of 2024(2) dt.20-01-2025 2/2

2. Having regard to the above made submissions, the Respondent No. 2 is directed to take physical possession of the secured assets as per the order passed under Section 14 of the SARFAESI Act on 23.03.2024 duly putting the persons in possession of the subject property on notice.

3. The entire exercise shall be completed as expeditiously as possibly preferably within a period of eight weeks from the date of receipt of the copy of this order.

4. With the above direction the present writ petition stands disposed of.

(A. Abhishek Reddy , J) Gauravkr/- U