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Bombay High CourtWP/1494/2024disposed off

Au Small Finance Bank Limited Through Its Authorized Officer Rahul Rameshrao Pund v. The State Of Maharashtra Through Secretary And Others

2024-02-07Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:2868-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO.1482 OF 2024 (AU Small Finance Bank Limited Vs. The State of Maharashtra, Through Secretary and Others) WITH 927 WRIT PETITION NO. 1494 OF 2024 AU SMALL FINANCE BANK LIMITED THROUGH ITS AUTHORIZED OFFICER RAHUL RAMESHRAO PUND

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS WITH 930 WRIT PETITION NO. 1497 OF 2024 S.M.F.G. INDIA HOME FINANCE CO. LTD. THROUGH ITS AUTHORIZED OFFICER

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS Mr.S.S.Gangakhedkar, Advocate for the Petitioners. Mr.S.B.Narwade, AGP for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : FEBRUARY 7, 2024 PER COURT :

1.

The learned AGP places on record the communication received from the Tahsildar, Vaijapur, dated 06.02.2024, Tahsildar, Ahmednagar dated 06.02.2024 and Circle Officer, Dhule dated 07.02.2024, respectively. He submits that these officers at the said 3 khs/Feb.2024/1482

- 2 - places would themselves ensure that the order of the District Magistrate u/s 24 of the SARFAESI Act will be implemented in view of the law laid down by this Court in L & T Finance Vs. State of Maharashtra and others [AIR Online 2023 Bombay 825].

2.

The learned Advocate for the Petitioners submits that considering the settled position of Law, the order of the District Magistrate can be implemented only by the Tahsildar as a delegatee and the delegatee cannot be further delegate authority to a Circle Officer or any other Officer as it would render the action of the said Authority, non-est.

3.

In view of the above, these 3 Petitions are disposed off by directing that only the Tahsildars in these 3 matters would execute the order of the District Collector within 30 days from today, by following the due procedure laid down in law.

( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Feb.2024/1482