SATYANARAYAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri. Sanjay Kumar Srivastava, the learned counsel for the petitioners and Sri Brajendra Amiy, the learned counsel for the opposite party no. 6.

(2.) By means of the instant Writ Petition filed under Article 226 of the Constitution of India, the petitioners have sought quashing of an order dtd. 15/3/2024 passed by the Additional District Magistrate (Finance and Revenue), Bahraich in Case no. 542 of 2023 under Sec. 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act') directing the Sub-divisional Magistrate, Bahraich and the Officer In-charge, Police Station - Kotwali Nagar, Bahriach to take possession of two secured assets for recovery of debts taken by the opposite party nos. 7, 8 and 10, for which the opposite party no. 9 stood a guarantor. They have also sought quashing of the consequential order dtd. 16/11/2024 passed by the Sub-divisional Magistrate, Sadar Bahraich nominating the Naib Tehsildar Sadar Bahraich as the Magistrate for the purpose of taking possession of the mortgaged property.

(3.) The petitioners claim that they are tenants in respect of shop nos. 285, 286, 286, 289, 290 and 291 situated in a building in MohallaSteelganj, Bisatkhan, Kasgar Gali, Bahraich for the past more than 60 years. The building in which the aforesaid shops are situated, has been mortgaged by the opposite parties no. 7, 8 and 10 without knowledge or consent of the petitioners. The petitioners have filed an application dtd. 29/11/2024 before the Additional District Magistrate (Finance and Revenue), Bahraich stating that they are tenants in respect of the aforesaid shops and, therefore, instead of taking physical possession of the shops in their tenancy, merely notional / symbolic possession of the shops should be taken from them. The application remains undisposed off and the petitioners have sought issuance of a direction for disposal of their application dtd. 29/11/2024.