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Judgment
Sandeep Sharma, J
By way of instant petition, petitioner has prayed for following relief:-
"(i) Issue writ in the nature of mandamus directing to the respondent No.1 to execute its order dated 19.04.2018, Annexure P-4 and take necessary steps to take physical possession of the secured asset from the borrowers with the help of police, if necessary and hand over the same to the petitioner-Company forthwith within a specific time frame as per the mandate of the Section 14 of the SARFAESI Act, 2002.
The precise grouse of the petitioner as has been raised in the instant petition is that despite repeated request no order is being passed by respondent No.1 on the application having been filed by the petitioner, praying therein for implementation/ execution of order dated 19. 4.2018, passed by District Magistrate, Shimla, District Shimla, H.P., in Misc. case No.10 of 2018, whereby respondent No.1 in exercise of the powers vested in him under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 ( for short 'Act'), ordered to take over the possession of the property of the borrower/respondents/guarantor as per the description of property mentioned in the application i.e. land comprised in Khata/Khatauni No.126/142, Khasra No. 325/191 and 326/1919, area admeasuring 0-03-15 hector situate within the revenue estate of Mauja/Mohal Lambidhar, Tehsil Shimla (Rural), District Shimla, H.P., and to hand over the same to the applicant/petitioner.
Careful perusal of Annexure R-1 annexed with the reply filed by respondents No.1 and 2, though reveals that the authority concerned after receipt of aforesaid application filed on behalf of the petitioner called report from the Tehsildar, Shimla, but there is nothing in the reply suggestive of the fact that the authority concerned after having received the report from the Tehsildar concerned proceeded to pass an order on the application having been filed by the petitioner. Though, reply filed on behalf of respondents No.1 and 2 reveals that order sought to be implemented is not executable for the reason that before passing of the order sought to be executed, property in question stands sold to so many parties and they have been not added as party respondent.
Be that as it may, once an application is filed for implementation/execution of the order passed under Section 14 of the Act, it is bounden duty of the authority concerned to decide the same in accordance with law. Though, report submitted by the Tehsildar reveals that since property in question stands sold to various persons, order sought to be executed/implemented is not executable, but authority concerned i.e District Magistrate ought to have passed final order in the application on the basis of the report submitted by the Tehsildar. Mere filing of report by Tehsildar is not sufficient, rather application filed by the petitioner needs to be disposed of taking into consideration the report submitted by the Tehsildar and other material available on record.
Consequently, in view of the above, the present petition is disposed of with a direction to respondent No.1 to decide the application (Annexure P-8) having been filed by the petitioner, seeking therein implementation/execution of order dated 19.4.2018 passed in Misc. Case No.10 of 2018 expeditiously, preferably within two weeks from today. Needless to say, authority concerned while doing the needful in terms of the instant order shall afford an opportunity of being heard to the petitioner and pass speaking order.
Liberty reserved to the petitioner to file appropriate proceedings in appropriate court of law, if he still remains aggrieved. Pending applications, if any, also stand disposed of.
Dasti copy.