Punjab National Bank , Lakhimpur Kheri Thru. Mr. Ambar v. State of U.P. Thru. Its Chief Secy. Home Civil Secrt. Lko. and Others

Court No. - 3 Case :- WRIT - C No. - 9275 of 2023 Petitioner :- Punjab National Bank , Lakhimpur Kheri Thru. Mr. Ambar Respondent :- State Of U.P. Thru. Its Chief Secy. Home Civil Secrt. Lko. And Others Counsel for Petitioner :- Abhay Kumar Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J. Hon'ble Manish Kumar,J. Learned counsel for the petitioner is permitted to correct the prayer clause during course of the day. Heard learned counsel for the parties and perused the record. The petitioner has approached this Court challenging the letter dated

1.8.2023 whereby the police authorities are asking the petitioner-Bank to deposit money for providing police force for execution of order under Section 14 of the SARFAESI Act, 2002. The order dated 17.11.2022 of the District Magistrate passed under SARFAESI Act, 2002 specifically directs the Superintendent of Police, Lakhimpur Kheri and Sub-Divisional Magistrate, Lakhimpur, District Kheri to ensure possession is provided to the petitioner by providing required police force on priority basis. The said order itself is clear directing the police to provide police force. Now, the demand being made by the police authorities is illegal and in violation of provision of SARFAESI Act. Learned Standing Counsel on instructions states that the order of District Magistrate under Section 14 of the SARFAESI Act has not given effect yet by delivery of possession. Therefore, the letter dated 1.8.2023 is set aside. The Superintendent of Police, Lakhimpur Kheri is directed to ensure compliance of order of District Magistrate dated 17.11.2022, as expeditious as possible without any delay. The writ petition is disposed of. . [Manish Kumar,J.] [Vivek Chaudhary,J.] Order Date :- 19.10.2023 S. Kumar High Court of Judicature at Allahabad, Lucknow Bench