Prakash Vijay Tandulkar Through Authorized Officer India Shelter Finance Corporation Ltd v. The Collector District Magistrate And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 57 WRIT PETITION NO. 4759 of 2024 Prakash Vijay Tandulkar ....Petitioner versus The Collector District Magistrate & others .....Respondents .....

Mr. S. B. Ghatol Patil, Advocate for the Petitioner. Mr. S. R. Yadav Lonikar, AGP for the State.

CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 6th MAY, 2024.

PER COURT :

1.

This Petition was not on the board. By consent, taken on the Board.

2.

The Petitioner is a Recovery Officer of a finance company. A proceeding before the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has culminated into the order dated 17.04.2023. It is well settled by the Bombay High Court that it is only the Tahsildar who can execute such order. The grievance is that the order is not executed for almost a year.

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This Petition is disposed off with a direction to Respondent No. 3 to ensure that the order is executed by following the due procedure laid down in law, within 30 days. ( R. M. JOSHI) ( RAVINDRA V. GHUGE) JUDGE JUDGE dyb