Pet it ioner v. Dist rict Magist rat e, Haridwar, Collect orat e, Roshnabad

: Mr. Ashut osh Thakral, Advocat e. Counsel for t he Respondent Nos.1 t o 3. : Mr. Suyash Pant , St anding Counsel. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. The present writ pet it ion has been filed under Art icle 226 of t he Const it ut ion of I ndia wit h t he following prayers: I ssue a Writ of Mandam us or any ot her “ ( i) appropriat e Writ , Order or Direct ion t o t he Respondent nos.2 and 3, t o fort hwit h im plem ent and execut e or t o expedit e t he im plem ent at ion and execut ion, in let t er and spirit , of Order dat ed 03.08.2023 ( Annex ur e no.2 t o t he Writ Pet it ion) passed by t he Dist rict Magist rat e, Haridwar ( Respondent no.1) . I ssue a Writ of Mandam us or any ot her ( ii) appropriat e Writ , Order t he Respondent s t o provide necessary Police assist ance for t aking physical possession over t he m ort gaged propert y, t he execut ion of t o ensure Magist rat e’s order wit hin a specified t im e fram e as deem ed appropriat e by t his Hon’ble Court . or Direct ion t hereby t o ( iii) I ssue such ot her wirt / wr it s, order/ or ders, direct ion/ direct ions as t his Hon’ble Court m ay deem fit and proper in t he int er est of j ust ice. ( iv) favour of pet it ioner.” Awar d cost of t he pet it ion be awarded in 1 2 . Mr. Ashut osh Thakral, Advocat e, cont ended t hat t he pet it ioner is a Scheduled Com m ercial Bank, regist ered wit h t he Reserve Bank of I ndia. The pet it ioner is t he secured credit or and t he respondent nos.4 and 5 are t he borrowers. The respondent no.4 and t he respondent no.5 had obt ained loan facilit y from t he pet it ioner. The respondent no.4 t he respondent no.5 did not repay t he am ount . The loan account was classified as Non- Perform ing Asset s. As on 21.01.2023, t he t ot al am ount t o be payable by t he respondent no.4 and respondent no.5 respect of t he said loan account was Rs.44,55,601.32/ - ( Rupees Fort y Four Lakh Fift y Five Thousand Six Hundred One and Thirt y Two Paise) . The pet it ioner had t aken all t he st eps as provided under t he provisions of t he Securit izat ion and Reconst ruct ion of Financial Asset s and Enforcem ent of Securit y I nt erest Act , 2002 ( in short , “Act , 2002” ) . The pet it ioner m oved an Applicat ion dat ed 21.01.2023 before t he Dist rict Magist rat e, Haridwar, t he respondent no.1, under t he provisions of Sect ion 14 of t he Act , 2002. The Dist rict Magist rat e, while exercising t he power under Sect ion 14( 1) ( 2) of t he Act , 2002 issued t he direct ion t o t he Senior Superint endent of Police, Haridwar, t he 2 respondent no.3, on 03.08.2023 t o give direct ion t o t he St at ion House Officer concerned t o provide t he assist ance of police force for t aking possession of t he m ort gaged propert y t hrough Tehsildar. The pet it ioner m ade a paym ent of Police Prot ect ion Fee t o t he t une of Rs.29,744/ - ( Rupees Twent y Nine Thousand Seven Hundred Fort y Four) along wit h GST on 07.11.2023. The police st at ion concerned m ade an endorsem ent dat ed 06.02.2024 t hat as police is busy, t herefore, t he police is not available. The pet it ioner sent t he let t ers dat ed 02.09.2024 and

22.10.2024 t o t he Dist rict Magist rat e, Haridwar, t he Addit ional Dist rict Magist rat e, Haridwar, I .G., D.G.P., Ut t arakhand, Tehsildar, Roorkee Principal Secret ary, Hom e t o expedit e t he m at t er and pass appropriat e direct ions for t aking physical possession of t he propert y- in- quest ion. 3 . Wit h t he consent of bot h t he part ies, t he present Writ Pet it ion ( M/ S No.3567 of 2024) disposed of by direct ing t he Senior Superint endent of Police, Haridwar, t he respondent no.3, and t he Tehsildar, Roorkee, t he respondent no.2, t o com ply wit h t he order dat ed 03.08.2023, passed by t he Dist rict Magist rat e, Haridwar, t he respondent no.1, 3 Applicat ion No.24 of 2023, as per law. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dat e: 10.02.2025 Neha 4