Allahabad High Court
RAJENDRA TIWARI AND ANOTHERversusSTATE OF U.P. AND 12 OTHERS
- Decided
Holding
The court held that the petitioner must approach the competent authority, which is obligated to execute the SARFAESI Act Section 14 order in compliance with the Supreme Court’s C. Bright judgment and Section 26D.
Summary
Petitioners filed a writ petition under Article 226 seeking a direction for the State respondents to deliver possession of secured assets in favor of the secured creditor. They relied on the Supreme Court’s decision in C. Bright v. District Collector, contending that a nodal officer and police support must be provided to enforce a Section 14 order under the SARFAESI Act. The respondents argued that the competent authority should ensure compliance with the Section 14 order. The High Court directed the petitioners to file an application before the competent authority within two weeks, and mandated that the authority execute the order dated 08‑08‑2025 in accordance with law, the C. Bright judgment, and Section 26D of the SARFAESI Act. The petition was disposed with these directions, without granting immediate possession.
Issues considered
- Whether the competent authority must appoint a nodal officer and police to enforce a SARFAESI Act Section 14 order.
- Whether the Supreme Court’s judgment in C. Bright v. District Collector is binding on the execution of the order.
- Whether the petitioners are entitled to a direct direction for delivery of possession of secured assets.
Legislation cited
- SARFAESI Act, 2002 — s. 14, 26D
Subjects
- Article 226
- SARFAESI Act
- Section 14
- Section 26D
- secured creditor
- possession
- execution of order
- nodal officer
- C. Bright judgment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17590 of 2026
Rajendra Tiwari And Another
.....Petitioner(s)
Versus
State Of U.P. And 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Waseem, Mukesh Tiwari,
Umakant Kushwaha
Counsel for Respondent(s) : Ashish Agrawal, C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Mohammad Waseem, learned counsel appearing for the
petitioners and Sri P.K. Shahi, learned Additional Chief Standing Counsel
appearing for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution,
petitioners has prayed for a direction to the respondent nos. 1 to 5 to give
delivery of possession of the secured assets in favour of the secured creditor.
3. It is contended by learned counsel for the petitioner that in the light of the
judgment of Supreme Court in the case of C. Bright v. The District
Collector & others, AIR 2020 SC 5747, it is the duty of the competent
authority to provide for a Nodal Officer, may be Sub Divisional Magistrate
or any other revenue authority and also necessary police force to get the
order passed under Section 14 executed in accordance with law.
4. Learned Standing Counsel submits that if the petitioner approaches the
authority, the authority shall ensure the compliance of the order passed under
Section 14 of SARFAESI Act, 2002.
5. In view of the above, we dispose of this petition with a direction to the
petitioner to file an application before the competent authority within a
period of two weeks from today and in the event if such application is filed
as directed herein above, the competent authority shall ensure that the order
dated 08.08.2025 gets executed in accordance with law and in the light of
WRIC No. 17590 of 2026
2
the judgment of Supreme Court in the case of C. Bright (supra) within a
further period of four weeks, if otherwise, there is no legal impediment and
there is a compliance of Section 26D of SARFAESI Act, 2002.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 6, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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