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2025 Supreme(All) 2996

IN THE HIGH COURT OF ALLAHABAD
SHEKHAR B.SARAF, PRAVEEN KUMAR GIRI
Axis Bank Ltd. – Appellant
Versus
State of U.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Arpita Tarmali, Sanjay Kumar Gupta

JUDGMENT :

Shekhar B. Saraf, J.

1. Heard learned counsel appearing on behalf of the parties.

2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has made the following prayer:

"(i) Issue a writ, order or direction in the nature of Mandamus commanding to respondent no. 3 (Sub-Divisional Magistrate (SDM), Dhoulana, District-Hapur) to take physical possession of the property in question i.e. All that part and Parcel of Land/property Khasra No. 373, Situated at Village-Ravali, Pargana & Tehsil-Dhaulana, District-Hapur having Area 12590 Sq. Mt in pursuance to order dated 17.02.2025 passed by respondent no. 3 as subordinate of respondent no. 2 under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) and forwarded to petitioner Bank."

3. Learned counsel appearing on behalf of the petitioner bank submits that in spite of an order dated 17.02.2025 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act'), physical possession of the property has not

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