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Patna High Court

Axis Bank Ltd. Ltd.versusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The District Magistrate’s duty under Section 14 of the SARFAESI Act is ministerial and must be exercised without delay upon receipt of a compliant application.

Summary

Axis Bank filed a writ petition seeking a direction to the District Magistrate, Patna, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The Bank alleged that although a memo was issued on 16‑06‑2025, no further action was taken. Relying on a Supreme Court judgment interpreting Section 14 as imposing a ministerial duty on the magistrate, the High Court examined whether the magistrate must promptly comply with the Bank's application. The Court held that the magistrate’s role is purely ministerial and must not be delayed, and that any objections by borrowers should be raised under Section 17 before the Debt Recovery Tribunal. Accordingly, the Court directed the District Magistrate and the Sub‑Divisional Officer to consider the Bank’s request within eight weeks and disposed of the writ petition.

Issues considered

  • Whether the District Magistrate is obligated to act promptly on an application under Section 14 of the SARFAESI Act.
  • Whether the power of the magistrate under Section 14 is ministerial or adjudicatory.
  • Whether the Bank is entitled to a court direction for the magistrate to execute the possession order.

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • possession of secured assets
  • ministerial duty
  • district magistrate
  • banking
  • secured creditor
  • debt recovery tribunal
  • writ petition

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.12984 of 2025
                 ======================================================
                 Axis Bank Ltd. Ltd. having its branch Office at Sita Usha Square Complex,
                 Kankarbagh, P.S. Kankarbagh, Patna, through its Authorised Representative ,
                 Mr. Shubham Saurav, (Male), Aged about 30 years, S/o Surya Kumar, Birla
                 Colony, Rastriya Ganj, Phulwarisharif, P.S. - Phulwarisharif, Patna, Bihar.

                                                                            ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, General Administration
                 Department, Government of Bihar, Patna.
           2.    The District Magistrate, Patna.
           3.    The Sub Divisional Officer, Patna Sadar, Patna.
           4.    Sanjeev Kumar, S/o Late Keshwar Singh, R/o Flat No. 404, 4th Floor, Block
                 B, Manmohan Apartment, Vir Shivajee Path, North S K Puri, Boring Road,
                 Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr.Dayanand Singh, Adv.
                 For the Respondent/s   :      Mr.Government Pleader (27)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

4   27-01-2026                 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, Patna, under Section 14 of the

                   SARFAESI Act and thereafter the District Magistrate, Patna has

                   passed an order vide Memo No. 594 dated 16.06.2025

                   (Annexure P/1). However, the authority till date has not taken

                   any action on the same. Learned counsel submits that it will
Patna High Court CWJC No.12984 of 2025(4) dt.27-01-2026
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          suffice for the present if a direction is given to the District

          Magistrate, Patna, to consider the request made by the Bank

          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 secured
Patna High Court CWJC No.12984 of 2025(4) dt.27-01-2026
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                                  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     of
                                  the SARFAESI Act, before the Debts Recovery
                                  Tribunal.


                      3. Having regard to the above made submissions and
             Patna High Court CWJC No.12984 of 2025(4) dt.27-01-2026
                                                        4/4




                       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 Nos. 2 and 3, i.e.,

                       the District Magistrate, Patna and Sub-Divisional Officer, Patna

                       Sadar, Patna, respectively, to act on the request made by the

                       petitioner-Bank. The present writ petition is accordingly

                       disposed of directing the Respondent Nos. 2 and 3, i.e., the

                       District Magistrate, Patna and Sub-Divisional Officer, Patna

                       Sadar, Patna, respectively, to consider the request made by the

                       Bank in the light of order dated 16.06.2025 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)
Bhardwaj/-

U


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