Rajendra Tiwari & Anr. v. Umakant Kushwaha

Heard Sri Mohammad Waseem, learned counsel appearing for the petitioners and Sri P.K. Shahi, learned Additional Chief Standing Counsel appearing for the State respondents.

By means of this petition filed under Article 226 of the Constitution, petitioners has prayed for a direction to the respondent nos. 1 to 5 to give delivery of possession of the secured assets in favour of the secured creditor.

It is contended by learned counsel for the petitioner that in the light of the judgment of Supreme Court in the case of C. Bright v. The District Collector & others, AIR 2020 SC 5747, it is the duty of the competent authority to provide for a Nodal Officer, may be Sub Divisional Magistrate or any other revenue authority and also necessary police force to get the order passed under Section 14 executed in accordance with law.

Learned Standing Counsel submits that if the petitioner approaches the authority, the authority shall ensure the compliance of the order passed under Section 14 of SARFAESI Act, 2002.

In view of the above, we dispose of this petition with a direction to the petitioner to file an application before the competent authority within a period of two weeks from today and in the event if such application is filed as directed herein above, the competent authority shall ensure that the order dated 08.08.2025 gets executed in accordance with law and in the light of 2 WRIC No. 17590 of 2026 the judgment of Supreme Court in the case of C. Bright (supra) within a further period of four weeks, if otherwise, there is no legal impediment and there is a compliance of Section 26D of SARFAESI Act, 2002. May 6, 2026 IrfanUddin (Indrajeet Shukla,J.) (Ajit Kumar,J.)