Hon'ble Yogesh Chandra Gupta,J.
Supplementary affidavit has been filed today. Let it be taken on record.
The main grievance of the petitioner is that the petitioner has filed an application under Section 13 (2) of SARFAESI Act, 2002. But no order has been passed on the said application by the District Magistrate, Mathura. The petitioner further submits that the District Magistrate has delegated his power to the Additional District Magistrate (Finance & Revenue), Mathura. Further submission is that the Additional District Magistrate could not delegate the power to anybody else. In any view, the submission is that till date, none of the authorities have passed any order so far. Keeping in view, the aims and objects of the said Act, there appears to be no justification for not taking any decision on the application.
Learned Standing counsel submits that he has contacted the authority concerned but authority concerned has not given any instruction so far. Learned Standing counsel may obtain the necessary instructions in this regard or before the next date fixed. Let the matter be listed on 12.1.2010. It is expected by that time, the necessary order disposing off the application filed by the petitioner will be passed.
List on 12.1.2010. A copy of this order may be communicated to the authority concerned by the learned Standing counsel, for compliance.
Order Date :- 4.1.2010 RS.