Latur Urban Co Operative Bank Ltd Through Authorized Officer Avinash Ganesh Joshi v. The State Of Maharashtra Through The Department Of Revenue And Others

2024:BHC-AUG:26775-DB *1* 920a925wp12155a12168o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 12155 OF 2024 LATUR URBAN CO OPERATIVE BANK LTD THROUGH AUTHORIZED OFFICER AVINASH GANESH JOSHI

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DEPARTMENT OF REVENUE AND OTHERS ...

AND 925 WRIT PETITION NO. 12168 OF 2024 LATUR URBAN CO OPERATIVE BANK LTD THROUGH AUTHORIZED OFFICER AVINASH GANESH JOSHI

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE DEPARTMENT OF REVENUE AND OTHERS ...

Shri Rodge Krishna Pratap, Advocate for the Petitioners. Shri M.K. Goyanka, AGP for Respondent Nos.1 to 3/State. ...

CORAM : MANGESH S. PATIL & PRAFULLA S. KHUBALKAR, JJ.

DATE : 12th November, 2024 Per Court :- This is yet another case demonstrating utter lapse on the part of the administration of the Revenue Department. As the experience shows, time and again the Financial Institutions armed with the orders of the District Magistrate passed under Section 14 of the Securitisation and Reconstruction of Financial

*2* 920a925wp12155a12168o24 Assets and Enforcement of Security Interest Act, 2002, (for short, 'the SARFAESI Act'), approach the High Court seeking directions for implementation of the orders passed by the District Magistrate, when the District Magistrate himself ought to have been vigilant and particular to see that the orders passed by him are implemented by his subordinates. For want of material, we cannot comment as to the reason why this happens. However, anybody can comprehend what must be transpiring at that end. 2.

Be that as it may, we dispose of these Writ Petitions directing respondent Nos.1 to 3 to ensure that the orders passed by respondent No.2 under Section 14 of the SARFAESI Act are implemented by respondent No.3/ Tahasildar and Executive Magistrate, forthwith and in any case, within four weeks.

kps ( PRAFULLA S. KHUBALKAR, J. ) ( MANGESH S. PATIL, J. )