Madhya Pradesh High Court
Smt. Meera Sharma vs The State Of Madhya Pradesh Judgement ... on 25 February, 2014
W.P. No.3107/2014
25/2/2014
Shri Sumit Raghuvanshi, learned counsel for the
petitioner.
Smt. Nirmala Nayak, learned Govt. Adv. for the
respondents No.1, 2 and 3 on advance notice.
Petitioner is auction purchaser of the property said to have been purchased by the petitioner in the auction by Debts Recovery Tribunal. Grievance of the petitioner is that requisition has been sent by the Debts Recovery Tribunal and the appellate Tribunal vide Annexure P/2 and P/4 filed collectively to the police authorities namely respondents No.2 and 3 for granting police assistance to the Recovery Officer of the Tribunal in the matter of taking over the possession of the property in question and it is the grievance of the petitioner that police authorities are not extending requisite assistance in the matter of taking over possession of the property in question.
Keeping in view the aforesaid grievance of the petitioner and the requisition sent to Police protection by the Tribunal under Sections 25 to 29 of the Recovery of Debts Due to Banks & Financial Institutions Act, 1993 and the proceedings held before the Tribunal as is evident from Annexure P/2 Collectively filed by the petitioner so also Annexure P/4 orders issued by the Appellate Tribunal in the matter of restoration of possession, it is directed that on the petitioner's filing a certified copy of this order along with relevant documents, respondent No.2 and 3 shall look into the grievance of the petitioner and thereafter proceed in the matter in accordance with law for the purpose of restoration of possession. It is made clear that this Court had only directed respondents No.2 and 3 to take recourse to such action as may be provided under the law and if on enquiry respondents No.2 and 3 come to the conclusion that due to some legal impediment or any other reason they are unable to take over the possession or assist in the same, they shall record reason in detail and communicate it to the petitioner. Either way action be taken and final decision communicated to the petitioner within a period of 60 days of receipt of certified copy of this order.
With the aforesaid, this petition stands disposed of. c.c. as per rules.
(RAJENDRA MENON) JUDGE mrs. mishra