Magma Housing Finance Ltd. v. District Magistrate

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2034 of 2018 Magma Housing Finance Ltd. Through Authorized Officer Nandkishor Sao S/o Shri Bhagwan Singh Sao, Aged About 37 Years, Presently Posted As Credit Manager At Magma Housing Finance Ltd. Branch 5th Floor Dainik Bhaskar City Corporate Park, Rajbandha Maidan, Raipur, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. District Magistrate Gariyaband, Collectorate Gariyaband, Chhattisgarh

2. Pradeep Kumar Jivan S/o Shankar Lal Jivan, Aged About 40 Years, R/o House No. C-8, Ground Floor, Mitaan Vihaar, Daldal Shivni, Mova, Raipur, Chhattisgarh, And Address Khasra No. 154/1 Part, Rajim, Patwari Halka No. 09, Ward No.01, R.N.M. Rajim, District Gariyaband, Chhattisgarh.

3. M/s Shubh Kadam Through Proprietor Pradeep Kumar Jivan, In Front Of Chhattisgarh Hall And Citi Centre Mall, Cloth Market Pandari, Raipur, Chhattisgarh.

4. Roshani Jivan W/o Pradeep Kumar Jivan, Aged About 37 Years, R/o House No. C-8, Ground Floor, Mitaan Vihaar, Daldal Shivni, Mova, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. B. Gopa Kumar, Advocate.

For Respondent No.1/State :

Mr. Avinash Singh, Panel Lawyer.

For Respondents No. 2 to 4 :

None.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24/07/18 1.

Learned counsel appearing for the petitioner would submit that petitioner has filed an application under Section 14 of the SARFAESI Act, 2002 (for brevity, 'Act of 2002') which is pending consideration before the District Magistrate, Gariyaband since 18.01.2018 whereas by the second proviso to Section 14 of the Act of 2002, it ought to have been decided within a period of 60 days from the date of filing of the application. 2.

On the other hand, learned State counsel submits that petitioner's application will be decided expeditiously.

3.

After hearing learned counsel for the parties, I deem it appropriate to direct the District Magistrate, Gariyaband to dispose of the petitioner's said application within a period of 30 days from the date of presentation of copy of this order.

4.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka