Court No. - 39
Case :- WRIT - C No. - 17208 of 2019 Petitioner :- State Bank Of India Sarb, Allahabad Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- A.C.Tiwari(Ac) Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Shri A.C. Tiwari, learned counsel for the petitioner and learned standing counsel for the State - respondent nos. 1 to 4.
The petitioner is the State Bank of India, SARB, Prayagraj and the prayer in this writ petition is for a direction to the respondents to provide adequate Police force so that the possession of the mortgaged properties, i.e., Araji No. 936 K area 76.83 square meters situated in Mauza - Umarpur Neewa Uparhar, Pargana & Tehsil - Sadar, District - Allahabad as well as part of Araji No. 508/1 area 186.50 square meters situated in Mauza - Chandpur Salori, Pargana & Tehsil - Sadar, District - Allahabad, be given to the petitioner in pursuance of the orders dated 14.03.2016 and 31.08.2017 passed under section 14 of the SARFASEI Act, 2002 by the District Magistrate, Allahabad.
No useful purpose will be served by keeping the matter pending. We, therefore, dispose of this writ petition with a direction that if the petitioner prefers a fresh representation before the Additional City Magistrate, 1st, Prayagraj (the respondent no. 3) in respect of the relief claimed in the writ petition within one week from today, the respondent no. 3 shall examine the matter and pass appropriate orders in accordance with law, and give appropriate directions, as may be necessary, to the Senior Superintendent of Police, Prayagraj (the respondent no. 2) within one week thereafter.
It is made clear that the Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 29.5.2019 Amit Mishra