Zafar Baksh vs The State Of Madhya Pradesh
2022 Latest Caselaw 7485 MP

                                                                  1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                   HON'BLE SHRI JUSTICE VIRENDER SINGH
                                                                     &
                                               HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                                           ON THE 23rd OF MAY, 2022

                                                     WRIT PETITION No. 11922 of 2022

                                            Between:-
                                            ZAFAR BAKSH S/O SHRI MUJAFFAR BAKSH
                                            OCCUPATION: THROUGH PROPRIETOR MILAN
                                            FOOTWEAR R/O WARD NO. 12 HOUSE NO. 65/3,
                                            MAULANA AZAD MARG, GANDHI CHOWK,
                                            BURHANPUR, DISTT. BURHANPUR (MADHYA
                                            PRADESH)

                                                                                         .....PETITIONER
                                            (BY SHRI ASHISH RAWAT - ADVOCATE )

                                            AND

                                       1.   THE STATE OF MADHYA PRADESH THROUGH
                                            PRINCIPAL     SECRETARY,     REVENUE
                                            DEPARTMENT VALLABH BHAWAN, BHOPAL
                                            (MADHYA PRADESH)

                                       2.   ADDITIONAL DISTRICT MAGISTRATE- CUM-
                                            ADDITIONAL    COLLECTOR,     DISTRICT
                                            BURHANPUR (MADHYA PRADESH)

                                       3.   SUB   DIVISIONAL  OFFICER   (REVENUE)
                                            BURHANPUR DISTRICT BURHANPUR (MADHYA
                                            PRADESH)

                                       4.   PUNJAB NATIONAL BANK THROUGH CHIEF
                                            GENERAL MANAGER/ AUTHORISED OFFICER,
                                            SASTRA CIRCLE BRANCH GUJRATI SAMAJ
                                            MARKET BURHANPUR, DISTRICT BURHANPUR
                                            (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                                            (BY SHRI PRADEEP SINGH, GOVT. ADVOCATE FOR THE
Signature Not Verified
  SAN                                       RESPONDENTS No. 1 TO 3.
                                            SHRI PRAVEEN CHATURVEDI, ADVOCATE FOR THE
Digitally signed by VAISHALI AGRAWAL
Date: 2022.05.24 16:23:36 IST               RESPONDENT NO.4-BANK )
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                                                This petition coming on for orders this day, JUSTICE VIRENDER
                                       SINGH passed the following:
                                                                              ORDER

This petition has been listed on the question of maintainability. The submission of the ld. counsel for the petitioner is that since no final order has been passed by the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, present petition is maintainable.

However, the ld. counsel for the respondent No.4/Bank has referred to judgment passed in Sunil Garg vs Bank of Baroda reported in 2018(3)

M.P.L.J 615 . He also referred to Para-6 of the representation made by the petitioner before the Authorities wherein, it is mentioned that symbolic possession of the disputed property has been taken over by the Bank.

In view of the judgement delivered in the case of Sunil Garg (supra), law has been settled down that said petition is not maintainable. The petition is dismissed accordingly.

                                             (VIRENDER SINGH)                             (PRAKASH CHANDRA GUPTA)
                                                  V. JUDGE                                       V. JUDGE
                                       vai




Signature Not Verified
  SAN




Digitally signed by VAISHALI AGRAWAL
Date: 2022.05.24 16:23:36 IST