The Pusad Urban Cooperative Bank ... vs The District Magistrate, ...
2021 Latest Caselaw 16805 Bom

Judgment                           1                        W.P.No.4909.2021.odt



           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.

                  WRIT PETITION NO. 4909 OF 2021


      The Pusad Urban Coopertive Bank
      Ltd. Branch Khamgaon, through
      its Authorised Officer,
      Shri Ashish Balaji Padamwar,
      R/o. Khamgaon,
      District Buldana.
                                                     .... PETITIONER

                             // VERSUS //

1)    The District Magistrate,
      Buldana, District Buldana.

2)    Tahsildar, Shegaon,
      Tah. Shegaon, District Buldana.
                                              .... RESPONDENT
______________________________________________________________
     Shri R. K. Thakkar, Advocate for the petitioner.
     Shri S. M. Ukey, Addl.G.P. for respondent Nos.1 and 2.
______________________________________________________________

                  CORAM : SUNIL B. SHUKRE AND
                          ANIL L. PANSARE, JJ.

DATED : 03.12.2021

ORAL JUDGMENT : (Per Sunil B. Shukre, J.)

1. Heard Shri Thakkar, learned counsel for the petitioner and

Shri Ukey, learned Addl.G.P. who appears by waiving notice for

respondent Nos.1 and 2.

2. Rule. Rule made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

Judgment 2 W.P.No.4909.2021.odt

3. This petition mainly prays for issuance of direction to

respondent No.2 - Tahsildar, Shegaon to take physical possession of the

property. This prayer for the sake of convenience reproduced as

under :-

"(a) Be pleased to direct the respondent no.2 - Tahsildar, Shegaon to take the physical possession of the property as per the order passed by the respondent no.1 - District Magistrate and hand it over to the secured creditor i.e. the petitioner, in the interest of justice."

4. The order dated 16.03.2020 also directs the Tahsildar to

take the physical possession of the property. However, the further

prayer made in this clause is about handing over of the secured assets

to the secured creditor i.e. the petitioner. But, in direction No.1 (page

No.28A) the Collector Buldana has issued a further direction to

Tahsildar, Shegaon directing him to hand over the possession of the

secured assets to authorized representative of the Bank. The purposes

of this petition therefore, stand served by the order which has already

been issued by District Collector, Buldana.

5. The petition is disposed of in the above terms.

Rule accordingly. No costs.

(ANIL L. PANSARE, J.) (SUNIL B. SHUKRE J.)

Digitally Signed By:KIRTAKKirtak BHIMRAO JANARDHAN Signing Date:03.12.2021 19:13