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AFR

Court No. - 5

Case :- MATTERS UNDER ARTICLE 227 No. - 1760 of 2019

Petitioner :- Kashi Gomti Samyut Gramin Bank And Another

Respondent :- Chief Judicial Magistrate And 4 Others

Counsel for Petitioner :- Gyan Prakash Shrivastava

Counsel for Respondent :- C.S.C.

Hon'ble Ashok Kumar,J.

Heard Sri Gyan Prakash Shrivastava, learned counsel for the

petitioners.

The instant petition has been filed by the petitioner Kashi Gomti

Samyut Gramin Bank through its Regional Manager/ Authorized Officer by

which the petitioner has challenged the order passed by the Chief Judicial

Magistrate, Azamgarh in Case No. 3562 of 2019 dated 08.02.2019. By the

order dated 08.02.2019 the petitioner's application for taking the possession

of the immovable property against the loan sanctioned by the petitioner is

rejected on the ground that the same is not maintainable.

The submission of the counsel for the petitioner is that the impugned

order of the Chief Judicial Magistrate is illegal and bad, as similar power is

vested with the Chief Judicial Magistrate as is vested in Metropolitan City

with Chief Metropolitan Magistrate.

Learned counsel for the petitioner has submitted that Section 14 of the