Bank Of Baroda Through Its Power Of Attorney Holder And Chief Manager Vishal Raj Gupta v. District Magistrate And Collector And Others

936 WP 1547 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 WRIT PETITION NO.1547 OF 2023 BANK OF BARODA THROUGH ITS POWER OF ATTORNEY HOLDER AND CHIEF MANAGER VISHAL RAJGUPTA

VERSUS

DISTRICT MAGISTRATE AND COLLECTOR AND OTHERS ...

Advocate for Petitioners :Ms. Manglani Harshita M. h/f Mr. Vakil Satyajit R. AGP for Respondents/State : Mr. S.B. Yawalkar

CORAM

: MANGESH S. PATIL & S. G. CHAPALGAONKAR, JJ.

DATE : 08.02.2023 PER COURT :

Heard.

2.

This Court repeatedly declaring that the powers to execute the order passed under section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (the Act) have been delegated to Tahsildar who in turn cannot delegate such powers to his subordinates for execution. This Court has repeatedly held that such course is not available and Tahsildar himself being a delegate of the District Magistrate should execute the orders passed under Section 14 of the Act. 3.

We allow the writ petition and direct the respondent-Tahsildar to execute the order passed under Section 14 of the Act by the District Magistrate on 16.04.2019 as expeditiously as possible and in any case within four weeks from today.

( S. G. CHAPALGAONKAR, J.) (MANGESH S. PATIL, J.) mkd/- 1/1