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ANANDA SEN
TATA Capital Housing Finance Limited – Appellant
Versus
State of Jharkhand, through the Secretary, Department of Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand – Respondent
JUDGMENT :
Ananda Sen, J.
By way of filing this writ petition, the petitioner has sought for following reliefs:-
b. For issuance of an appropriate writ/writs, order/orders, direction/directions or writ in the nature of mandamus commanding upon the respondent no. 2 to immediately and forthwith dispose of the application dated 08.07.2022 preferred by the petitioner strictly within the time frame as contained in section 14 of the SARFAESI Act.”
2. It is the grievance of the petitioner that the application of the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been kept pending by the Deputy Commissioner/ District Magistrate, East Singhbhum, since 08.07.2022.
3.
The District Magistrate must act within 30 days to assist secured creditors under the SARFAESI Act, ensuring timely compliance with legal provisions.
District Magistrate must execute possession orders under Section 14 of the Act within 30 days, extending up to 60 days only if reasons are recorded.
The court mandated that the District Magistrate must pass orders under Section 14 of the SARFAESI Act within 30 days, emphasizing the importance of adhering to statutory timelines.
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