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Calcutta High CourtWPA/624/2025disposed

Subrata Singha v. The District Magistrate And Collector And ORS

2025-04-09Hon'Ble Justice Hiranmay Bhattacharyya2 pages

09.04.2025 Ct. No.2 Rohit Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 624 of 2025 Subrata Singha -vs- The District Magistrate and Collector & Ors.

Mr. Debabrata Dhar(via VC) ...for the Petitioner Mr. Nabankur Paul Mr. Sumit Kumar ...for the State Mr. Deborshi Dhar ...for the UCO Bank The learned Advocates appearing for the Bank and the State raises objection as to the maintainability of the writ petition.

The learned Advocate appearing for the Bank submits that in terms of the order dated December 3, 2024 passed by a Co-ordinate Bench in WPA 2373 of 2024 the petitioner has submitted three cheques covering the entire amount due to the bank before the concerned District Magistrate. He submits that an order be passed directing the District Magistrate to hand over the cheques to the bank with a direction to the bank to encash the same.

The learned Advocate appearing for the State submits that an order has already been passed by the concerned District Magistrate on an application filed

by the bank under Section 14 of the SARFAESI Act, 2002. The learned Advocate appearing for the petitioner submits that such order has not yet been communicated to the petitioner till date.

In the light of the submissions made by the learned Advocates for the parties WPA 624 of 2025 is disposed of by directing the District Magistrate, Coochbehar being the 1st respondent to communicate the order passed under Section 14 of the SARFAESI Act to the petitioner within two weeks from the date of receipt of a server copy of this order.

It will be open to the petitioner to work out his remedies in accordance with law.

(Hiranmay Bhattacharyya, J.)