Canara Bank And ANR. v. The Dist Magistrate, North 24 Parganas, Barasat And ORS.

22/12 In the High Court at Calcutta Constitutional Writ Jurisdiction 04/24 266312 Appellate Side NANDY WPA 28724 of 2025 (DO) CANARA BANK & ANR.

Vs.

THE DISTRICT MAGISTRATE, NORTH 24-PARGANAS & ORS. Mr. Farooque Ali, Advocate ......for the Petitioner/Bank Mr. Sambuddhaa Dutta, Advocate Mr. Kartik Chandra Kapas, Advocate ......for the State

1. Affidavit of service, as filed, be kept with the record.

2. The petitioners pray for action to be taken by the appropriate authority, to execute the order passed by the respondent no. 1, on 19.12.2018 under Section 14 of the of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the said Act).

3. It appears that the long delay, which happened in spite of repeated representations from the petitioners, is attributable to the post of the Executing Authority being vacant.

4. Mr. Datta, learned Advocate appears for the StateRespondent and says that presently an incumbent has joined to the said post of Executive Magistrate, SubDivisional Office, Barasat, North 24-Parganas.

5. The respondent no. 1 and the respondent no. 3 are directed to take steps immediately to execute the aforestated order of 19.12.2018 and hand over possession of the mortgaged property to the petitioners within January 15, 2026.

6. With the afore-stated directions, WPA 28724 of 2025 is disposed of. No order as to costs.

(Reetobroto Kumar Mitra, J.)

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