2026 Supreme(Online)(P&H) 509
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CANARA BANK – Appellant
Versus
DISTRICT MAGISTRATE JALANDHAR AND OTHERS – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 21.01.2026 Canara Bank …….Petitioner Versus District Magistrate, Jalandhar and others ...….Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV BERRY Present: Ms. Jasleen Kaur, Advocate, for the petitioner-Bank.
(Through Video Conferencing)
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SHEEL NAGU, CHIEF JUSTICE ( Oral )
1. The present writ petition has been filed by petitioner- Bank aggrieved by non-execution of the order dated 29.07.2025 (Annexure P-4) passed by the District Magistrate, Jalandhar, under the provisions of Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for brevity).
1.1. It is informed by learned counsel for the petitioner-
Bank that no SA is pending before DRT or DRAT.
2. It is rather surprising that the District Magistrate, Jalandhar or the concerned Tehsildar-respondent No.3 have failed to discharge their statutory duty of assisting and handing over physical possession of the secured asset to the petitioner-
Bank.
2.1 Non-Performing Assets (NPAs) are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of recovery mechanism under the SARFAESI Act is paramount for liquidity in the system.
3. In view of the above, this court by way of writ of mandamus directs Respondent Nos. 1 to 3 to execute the order dated 29.07.2025 (Annexure P-4) passed under Section 14 of SARFAESI Act by handing over physical possession of the secured asset to the petitioner-Bank as expeditiously as possible, preferably, within a period of 30 days. The petitioner- Bank, thereafter, can proceed to adopt all possible legitimate means to liquidate the secured asset to recover the due amount. 4. The petition for the time being stands disposed of in the terms aforesaid. Needless to say that the guidelines laid down by Coordinate Bench in Bank of Maharashtra Vs. District Magistrate, Hisar And Others [CWP-7018-2022 decided on 28.05.2024] be adhered to by the concerned authorities.
5. We hasten to add that this order shall, however, be subject to any restraint/interim/final order, which may have been passed by any judicial forum, in favour of the borrowers/
guarantor/ any aggrieved person, who is party to this lis.
6. Respondent No. 3-Tehsildar, Jalandhar-2, is directed to file a compliance report before the Registry of this Court within 45 days from the date of passing of this order. The Registry shall ensure that in case, any deficiency is found in the compliance report so filed, the matter be placed before the appropriate Bench on the judicial side under IOIN category.
(SHEEL NAGU)
CHIEF JUSTICE (SANJIV BERRY)
JUDGE January 21, 2026 Ajay Prasher