- (1.) Heard learned counsel for the parties.
(2.) Petitioner claims to be the auction purchaser of the property with reference to the proceeding taken under the SARFAESI Act by the respondent Bank. Possession of the purchased property has not been delivered. Hence, this petition.
(3.) It is claimed that the person, who had taken the loan from the Bank and was in possession of the property has left the premises and it now occupied by some unauthorized person. Petitioner, therefore, seeks a direction that such unauthorized person may be evicted and possession may be delivered to him. He has relied upon the judgment of the Division Bench of this Court in the case of Bholanath Rajpati Shukla Vs. Pubjab National Bank Recovery Deptt. & 7 others being Writ Petition No.43817 of 2014, whereby the Division Bench of this Court has issued following directions:- "We, accordingly, direct that the bank shall within a period of two weeks of the receipt of a certified copy of this order, take necessary steps to move the District Magistrate under section 14 of the Act with a view to ensure that vacant possession of the secured asset is given to the petitioner, who admittedly is the auction purchaser. The District Magistrate shall dispose of the application in accordance with law expeditiously and within a period of one month of the receipt of the application. The District Magistrate shall appoint a date of which notice shall be given to the bank for making an inventory of the movables lying in the premises. If the bank has no lien or charge in respect of the movables lying in the premises, a notice shall be given to the borrowers by the District Magistrate for the removal of the movables and for which purpose a due and proper inventory shall be made on the date so appointed. If the borrowers fail to remain present on the date appointed for making the inventory, the bank shall take necessary steps in accordance with law immediately thereafter, and without any delay make an inventory jointly with a representative of the District Magistrate with a view to enable the petitioner to be placed in vacant possession of the premises. The bank shall thereafter be at liberty to deal with the movables in accordance with law. The cost, charges and expenses in connection therewith shall be borne by the bank.";