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Patna High Court

Canara Bank, Hilsa BranchversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the District Magistrate must promptly act on the Bank’s Section 14 application and directed him to do so within eight weeks.

Summary

Canara Bank filed a civil writ petition under Section 14 of the SARFAESI Act seeking a direction to the District Magistrate of Nalanda to act on its requisition for possession of secured assets, which the magistrate had not yet done. The Bank relied on a Supreme Court judgment clarifying that the magistrate’s role under Section 14 is purely ministerial and must be performed promptly. The Patna High Court, after hearing counsel for both sides, disposed of the petition at the admission stage, directing the District Magistrate to consider the Bank’s request within eight weeks. The Court reiterated that the magistrate must not delay and should forward the assets and documents to the secured creditor once formalities are satisfied. Consequently, the writ petition was disposed with the specific direction to the magistrate.

Issues considered

  • Whether the District Magistrate is statutorily obligated to act on a secured creditor’s application under Section 14 of the SARFAESI Act.
  • Whether the magistrate’s function under Section 14 is ministerial or adjudicatory.
  • Whether the High Court can issue a direction compelling the magistrate to act within a specified time.

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • secured creditor
  • possession of secured assets
  • District Magistrate
  • ministerial duty
  • civil writ jurisdiction
  • High Court direction

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.12291 of 2025
                 ======================================================
                 Canara Bank, Hilsa Branch District- Nalanda through Sri Sanjeev Ranjan,
                 male, aged about 44 years, S/o Sri Anirudh Prasad Singh, R/o Mohalla-
                 Anand Gram, P.S- Morabadi, District- Ranchi (Jharkhand), Authorized
                 Officer presently posted as The Chief Manager, ARM Branch, Luv Kush
                 Tower, Exhibition Road, Patna.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Department of Finance,
                 Government of Bihar, Patna.
           2.    The District Magistrate, Nalanda.
           3.    Awadhesh Rawat, S/o Rajendra Rawat, R/o Ward No.-13, Kishnapur,
                 Daroga Kuan Road, P.S.- Hilsa, District- Nalanda.
           4.    Rajendra Rawat, S/o Late Sohrai Rawat R/o Ward No.-13, Kishnapur,
                 Daroga Kuan Road, P.S.- Hilsa, District- Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Siddharth Harsh, Adv.
                 For the Respondent/s   :      Mr. Government Pleader (26)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

4   08-01-2026                    Without going into the merits or demerits of the

                   case, the present writ petition is disposed of at the stage of

                   admission with the consent of both the counsels.

                               2. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner-Bank has sent a requisition

                   to the District Magistrate, Nalanda under Section 14 of the

                   SARFAESI Act. However, the authority till date has not taken

                   any action on the same. Learned counsel submits that it will

                   suffice for the present if a direction is given to the District

                   Magistrate, Nalanda to consider the request made by the Bank
Patna High Court CWJC No.12291 of 2025(4) dt.08-01-2026
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          under Section 14 of the SARFAESI Act and take a suitable

          action as per the provisions of the SARFAESI Act. Learned

          counsel has relied on a Judgement of the Hon’ble Supreme

          Court in the case of Balkrishna Rama Tarle Dead through legal

          representatives and Anr. Versus Phonix ARC Private Limited

          and Ors. reported in (2023) 1 Supreme Court Cases 662,

          whereby the Hon’ble Supreme Court has held as under:-

                                              “15. On a fair reading of Section 14
                                  of the SARFAESI Act, it appears that for taking
                                  possession of the secured assets in terms of
                                  Section 14(1) of the SARFAESI Act, the secured
                                  creditor is obliged to approach the District
                                  Magistrate/Chief Metropolitan Magistrate by
                                  way of a written application requesting for
                                  taking possession of the secured assets and
                                  documents relating thereto and for being
                                  forwarded to it (secured creditor) for further
                                  action.
                                              16. The statutory obligation enjoined
                                  upon the CMM/DM is to immediately move into
                                  action after receipt of a written application
                                  under Section 14(1) of the SARFAESI Act from
                                  the secured creditor for that purpose. As soon as
                                  such an application is received, the CMM/DM is
                                  expected to pass an order after verification of
                                  compliance of all formalities by the secured
                                  creditor referred to in the proviso in Section
                                  14(1) of the SARFAESI Act and after being
                                  satisfied in that regard, to take possession of the
Patna High Court CWJC No.12291 of 2025(4) dt.08-01-2026
                                            3/4




                                  secured assets and documents relating thereto
                                  and to forward the same to the secured creditor
                                  at the earliest opportunity. As observed and held
                                  by this Court in NKGSB Coop. Bank Ltd. v.
                                  Subir Chakravarty [NKGSB Coop. Bank Ltd. v.
                                  Subir Chakravarty, (2022) 10 SCC 286 : (2023)
                                  1 SCC (Cri) 157] , the aforesaid act is a
                                  ministerial act. It cannot brook delay. Time is of
                                  the essence and this is the spirit of the special
                                  enactment.
                                               18. Thus, the powers exercisable by
                                  CMM/DM under Section 14 of the SARFAESI
                                  Act are ministerial steps and Section 14 does
                                  not involve any adjudicatory process qua points
                                  raised by the borrowers against the secured
                                  creditor taking possession of the secured assets.
                                  In that view of the matter once all the
                                  requirements under Section 14 of the SARFAESI
                                  Act are complied with/satisfied by the secured
                                  creditor, it is the duty cast upon the CMM/DM
                                  to assist the secured creditor in obtaining the
                                  possession as well as the documents related to
                                  the secured assets even with the help of any
                                  officer subordinate to him and/or with the help
                                  of   an    advocate     appointed   as   Advocate
                                  Commissioner. At that stage, the CMM/DM is
                                  not required to adjudicate the dispute between
                                  the borrower and the secured creditor and/or
                                  between any other third party and the secured
                                  creditor with respect to the secured assets and
                                  the aggrieved party to be relegated to raise
                                  objections in the proceedings under Section 17
             Patna High Court CWJC No.12291 of 2025(4) dt.08-01-2026
                                                        4/4




                                               of the SARFAESI Act, before the Debts Recovery
                                               Tribunal.



                                   3. Having regard to the above made submissions and

                       the law laid down by the Hon’ble Supreme Court in the above

                       mentioned case, this Court deems it expedient to dispose of the

                       present CWJC by directing the Respondent No. 2, i.e., the

                       District Magistrate, Nalanda to act on the request made by the

                       petitioner-Bank. The present writ petition is accordingly

                       disposed of directing the Respondent No. 2, i.e., the District

                       Magistrate, Nalanda to consider the request made by the Bank

                       as expeditiously as possible preferably within a period of 8

                       weeks from the date of receipt of the copy of this order.

                                   4. With the above directions, the present writ petition

                       stands disposed of.



                                              (A. Abhishek Reddy , J)
Gauravkr/-

U


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