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Patna High Court

Kumari Kanchan BalaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The District Magistrate must promptly act on the secured creditor’s Section 14 application and take possession of the secured asset, as this is a ministerial duty under the SARFAESI Act.

Summary

Kumari Kanchan Bala, an auction purchaser, obtained a sale certificate for a property on 15‑Nov‑2025 but has not received physical possession. Punjab National Bank, the secured creditor, filed an application under Section 14 of the SARFAESI Act with the District Magistrate of Sasaram seeking possession of the secured asset, but the magistrate has not acted. The petitioner filed a writ petition requesting the court to direct the District Magistrate to comply with the bank’s application so that possession can be handed over to the petitioner. The High Court, relying on Supreme Court precedent (Balkrishna Rama Tarle v. Phonix ARC Private Limited, 2023 SCC 662) and the NKGSB Co‑op Bank case, held that the magistrate’s duty under Section 14 is ministerial and must be performed promptly. Accordingly, the court ordered the District Magistrate to take possession of the property and forward it to the bank within six weeks, enabling the bank to deliver possession to the petitioner, and disposed of the writ petition.

Issues considered

  • Whether the District Magistrate is statutorily obligated to act promptly on a secured creditor’s application under Section 14 of the SARFAESI Act for possession of secured assets.
  • Whether a writ court can direct the District Magistrate to expedite the possession process.

Legislation cited

Subjects

  • auction purchase
  • sale certificate
  • possession
  • SARFAESI Act
  • Section 14
  • District Magistrate
  • secured creditor
  • ministerial duty
  • writ petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6658 of 2026
                 ======================================================
                 Kumari Kanchan Bala, wife of Ashok Kumar, Resident of village- Kenar
                 Khurd, P.S-Chenari, Sikrour, District- Rohtas, Bihar Presently residing at
                 ward no. 28, Company Sarai, Near Bal Vikas Vidalaya P.S- Sasaram Town,
                 District- Rohtas.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the District Magistrate, Sasaram, Rohtas.
           2.    The Assistant General Manager, Punjab National Bank, Circle Office- Patna,
                 2nd Floor, Chanakya Tower, R-Block, Chauraha, Patna 800001.
           3.    The Branch Manager, Asset Recovery Management Branch, Aurangabad,
                 Bihar.
           4.    The Authorized Officer, Asset Recovery Management Branch, Aurangabad,
                 Bihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Ashish, Advocate.
                 For the Respondent/s   :      Mr. Sunil Kr. Mandal, SC 3 with
                                               Mr. Neelam Kumari, AC to Sc 3.
                 For the PNB            :      Mr. Mritunjay Kumar, Advocate.
                                               Ms. Shilpi Singh, Advocate.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

2   30-04-2026                   Learned counsel appearing on behalf of the petitioner

                   submits that the petitioner is an auction-purchaser of the subject

                   property and she has also been issued the sale certificate.

                   Learned counsel submits that though the sale certificate was

                   issued on 15.11.2025, the physical possession of the subject

                   property has not been handed over till now.

                                 2. Learned counsel appearing on behalf of the
Patna High Court CWJC No.6658 of 2026(2) dt.30-04-2026
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          Respondent-Punjab National Bank, on instructions, submits that

          the necessary requisition has already been made to the District

          Magistrate, Sasaram, Rohtas vide letter dated 745/2025 dated

          14.11.2025 under Section 14 of the SARFAESI Act. However,

          the District Magistrate, Sasaram, Rohtas is yet to take over the

          physical possession of the subject property. Learned counsel,

          therefore, prays this Hon’ble Court to direct the District

          Magistrate to act on the application made by the Respondent-

          Bank so as to enable them to hand over the physical possession

          of the subject property to the petitioner.

                      3. Having regard to the above made submissions,

          without going into the merits or demerits of the case, the present

          writ petition is disposed of directing the District Magistrate,

          Sasaram, Rohtas i.e. Respondent No. 1 herein to act on the letter

          No. 745/2025 dated 14.11.2025 issued by the Respondent-

          Punjab National Bank at the earliest. The authority shall duly

          take into consideration the 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:-
Patna High Court CWJC No.6658 of 2026(2) dt.30-04-2026
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                                                 “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 SARPAESI 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
Patna High Court CWJC No.6658 of 2026(2) dt.30-04-2026
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                                  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.”
                      and take necessary steps for taking over the physical

          possession of the subject property and intimate the same to the

          Respondent-Bank so as to enable them to hand over the physical

          possession of the subject property to the petitioner herein. The

          authority shall endeavour to complete the process as

          expeditiously as possible preferably within a period of 6 weeks

          from the date of the receipt of the copy of this order.
           Patna High Court CWJC No.6658 of 2026(2) dt.30-04-2026
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                                 4. With the above directions, the present writ petition

                     stands disposed of.



                                                             (A. Abhishek Reddy, J)
shakir/-

U


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