Madhya Pradesh High Court
Kifs Housing Finance Ltd. Through Its ... vs The State Of Madhya Pradesh on 25 July, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 WP-18712-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANA
ON THE 25th OF JULY, 2024
WRIT PETITION No. 18712 of 2024
KIFS HOUSING FINANCE LTD. THROUGH ITS AUTHORIZED
OFFICER
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Rahul Ganeshe, Advocate (Through V.C.) and Shri Shivam
Darwai, learned counsel for the petitioner.
ORDER
Per: Justice Sushrut Arvind Dharmadhikari Heard on the question of admission and interim relief. In this petition, under Article 226 of the Constitution of India, the petitioner is not challenging any order but the inaction on the part of respondent No.3 in not complying with the order dated 11.07.2022, passed by the respondent No.2.
2. Learned counsel for the petitioner submitted that despite there being an order dated 11.07.2022, passed by respondent No.2, in its favour under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act") directing the Tehsildar to take physical possession of the property and hand Signature Not Verified Signed by: JAGADISHAN AIYER Signing time: 7/26/2024 5:16:05 PM 2 WP-18712-2024 over the same to the petitioner, no action has been taken by the Tehsildar to comply with the order. Therefore, the petitioner has approached this Court seeking direction to the Tehsildar to comply with the order dated 11.07.2022 and hand over the vacant possession of the property/ House constructed on House No.17, Part of West Side, Section 97(4), Ahilya Nagar, Indore, M.P. in a time bound manner.
3. In view of the aforesaid submissions, this petition is disposed of with the following directions:-
i. Respondent No.2 - Additional District Collector, Indore is directed to inquire as to why respondent No.3 has not complied with the order dated 11.07.2022 so far.
ii. Respondent No.3, Tehsildar, Indore shall comply the order dated 11.07.2022 and shall take action subject to the order passed by the DRT or any other Court in letter and spirit and hand over the vacant possession of the property in question to the petitioner as expeditiously as possible preferably within a period of two months from the date of receipt of certified copy of the order.
(SUSHRUT ARVIND DHARMADHIKARI) (DUPPALA VENKATA RAMANA)
JUDGE JUDGE
Aiyer
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 7/26/2024
5:16:05 PM