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Patna High Court

Jana Small Finance Bank LimitedversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The District Magistrate must promptly act on a compliant Section 14 application, as the power is ministerial and cannot be delayed.

Summary

Jana Small Finance Bank filed a civil writ petition seeking a direction to the District Magistrate, Madhepura, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The bank alleged that the magistrate had not taken any action despite the application. Relying on Supreme Court precedent, the court examined whether the magistrate's role under Section 14 is ministerial and must be performed without delay. The court held that the magistrate is obligated to promptly verify compliance and order possession, as the function is non‑adjudicatory. Accordingly, the court directed the District Magistrate to consider the bank's request within eight weeks and disposed of the petition.

Issues considered

  • Whether the District Magistrate is required to act on a Section 14 application under the SARFAESI Act as a ministerial duty.
  • Whether delay by the magistrate in acting on the application violates the statutory mandate.

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • ministerial duty
  • district magistrate
  • possession of secured assets
  • civil writ jurisdiction
  • banking enforcement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.2417 of 2026
                 ======================================================
                 Jana Small Finance Bank Limited through its Authorized representative,
                 namely Ashutosh Gautam, Male, Aged about 33 years, Son of Ram Vinod
                 Singh, Resident of 03, Nirala Nagar Colony, Dinapur-cum Khagaul, Police
                 Station - Digha, District – Patna.

                                                                              ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through Chief Secretary, Government of Bihar, Patna.
           2.    The Chief Secretary, Government of Bihar, Patna.
           3.    The Divisional Commissioner, Koshi Division, Saharsa.
           4.    The District Magistrate, Madhepura.
           5.    The Officer-In-Charge, District Law Section, Madhepura.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Adil Abbas, Advocate.
                                               Mr. Dharam Deepak, Advocate.
                                               Mr. Saurav Suman, Advocate.
                 For the Respondent/s   :      Mr. Government Pleader (20) with
                                               Mr. R. Ranjan, AC to GP 20
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   23-02-2026                   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, Madhepura 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
Patna High Court CWJC No.2417 of 2026(2) dt.23-02-2026
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          suffice for the present if a direction is given to the District

          Magistrate, Madhepura 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 Judgment 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
Patna High Court CWJC No.2417 of 2026(2) dt.23-02-2026
                                            3/4




                                  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 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
           Patna High Court CWJC No.2417 of 2026(2) dt.23-02-2026
                                                       4/4




                                             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

                     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 District Magistrate, Madhepura

                     (Respondent No. 4) to act on the request made by the Petitioner-

                     Bank. The present writ petition is accordingly disposed of

                     directing the District Magistrate, Madhepura (Respondent No.

                     4) 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)
shakir/-

U


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