[Cites 2, Cited by 0]
Rajasthan High Court - Jodhpur
Aavas Financiers Limited vs State Of Rajasthan (2026:Rj-Jd:14945) on 1 April, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:14945]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7194/2026
Aavas Financiers Limited, (Formerly Known As Au Housing
Finance Limited) Through Its Authorized Signatory Mr. Ajay
Kumar Yadav S/o Chittar Mal, Age 32, Having Registered And
Corporate Office At At 201-202, 2Nd Floor, Southend Square,
Mansarovar Industrial Area, Jaipur - 302020 (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Home, Government Secretariat, Jaipur,
Rajasthan.
2. Superintendent Of Police, Sri Ganganagar, Office Of The
Superintendent Of Police Sri Ganganagar, Rajasthan.
3. Station House Officer, Police Station Sadar Ganganagar,
District Ganganagar, Rajasthan.
4. Mahendra Singh S/o Ram Pratap, R/o Ward No. 03, 4 Ml,
Ganganagar-335001 Rajasthan. Also At - Patta No. 24,
Village 4ML, Gram Panchayat 4ML, Tehsil And District
Ganganagar - 335001, Rajasthan.
5. Gouri Shankar S/o Mahendra Singh, R/o Ward No. 03, 4
ML, Ganganagar-335001 Rajasthan.
6. Nathi Devi, R/o Sri Ganganagar, H.Q. Ganganagar -
335001 Rajasthan.
7. Rai Sahab S/o Mahendra Singh, R/o Kashiram Teacher Ki
Gali, Gav 4 ML, Po 5E, Sri Ganganagar H.O. Ganganagar -
335001 Rajasthan.
8. Ramawatar S/o Mahendra Singh, R/o 25 Kashi Ram Ki
Gali, Ward No. 1, 4 ML, Chak 5E, Sri Ganganagar H.o.
Ganganagar - 335001 Rajasthan.
----Respondents
For Petitioner(s) : Mr. Arpit Mehta
For Respondent(s) : --
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
01/04/2026
1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
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"Therefore, most humbly prayed that respondent no. 2 and 3 be
directed to forthwith remove trespassers from the property viz. "All The
Part And Parcel Of Property of Mr. Mahendra Singh at Patta No. 24
Village 4ML, Gram Panchayat 4ML, Tehsil & District Sri Ganganagar
335001, Rajasthan admeasuring 1420 Sq.Ft." Which was in physical
possession of the petitioner company and to take further steps in
handing over the vacant and physical possession of the said property to
the Authorized Officer of the petitioner company in time bound manner.
Any other appropriate order or direction which the Hon'ble Court may
deem fit and proper in the facts and circumstances of the case."
2. Learned counsel for the petitioner submitted that the
petitioner is a Bank and it had granted loan to the respondent
No.4 to 8. Since the loan amount was not repaid by the
respondent No.4 to 8, therefore, he was declared as NPA and the
proceedings under Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 (for short
'the Act of 2002') were initiated by the petitioner- Bank under the
Act of 2002, possession of the mortgaged property was taken over
by the petitioner- Bank with the aid of police on 18.03.2026.
3. Learned counsel for the petitioner submitted that the
respondent No.4 to 8 after the possession of the mortgaged
property being taken over by the petitioner- Bank, forcibly entered
the mortgaged property by breaking in. It was submitted that act
and inaction of the respondent No.4 to 8 is nothing but
tantamount to be an assault on the rule of law. He submits that in
the circumstances, the petitioner- Bank approached the
Superintendent of Police, Sri Ganganagar and SHO, Police Station
Sadar Ganganagar, District Ganganagar for restoring the
possession of the mortgaged property but till date, no action has
been taken by them.
4. Learned counsel further submitted that it is a sorry state of
affairs that despite repeated requests by the petitioner- Bank to
take action in the matter, the police authorities are rather silent in
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[2026:RJ-JD:14945] (3 of 4) [CW-7194/2026]
the matter by not taking any action pursuant to the complaint
registered by the petitioner - Bank. Learned counsel thus prayed
that the District Superintendent of Police, Sri Ganganagar and
SHO, Police Station Sadar Ganganagar, District Sri Ganganagar
may be directed to act upon the applications/ representations filed
by the petitioner for securing the possession of the property
mortgaged by it particularly keeping in view the fact that the
property in dispute already was taken over by the petitioner -
Bank with police aid on 18.03.2026.
5. Heard learned counsel for the petitioner. Perused the
material available on record.
6. Having considered the facts and circumstances of the case,
this Court deems it just and appropriate to dispose of the present
writ petition with a direction to the Superintendent of Police, Sri
Ganganar and SHO, Police Station Sadar Ganganagar, District Sri
Ganganagar to act immediately take appropriate action for
restoring the possession of the mortgaged property to the bank, in
accordance with law. This Court is compelled to observe that if the
petitioner is not allowed to take possession of the said property, it
will amount to clear case of defiance of law and, therefore, the
Superintendent of Police, Sri Ganganagar and SHO, Police Station
Sadar Ganganagar, District Sri Ganganagar are under an
obligation to act in consonance with the provisions of law for
restoring the possession of the petitioner in the circumstance
since the petitioner has already approached them.
7. It is expected from the Superintendent of Police, Sri
Ganganagar and SHO, Police Station Sadar Ganganagar, District
Sri Ganganagar that appropriate action for restoring the
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possession of the mortgaged property in favour of the petitioner-
Bank shall be taken by them within a period of fifteen days from
the date of receipt of certified copy of this order.
8. With the aforesaid directions, the present writ petition stands
disposed of.
(KULDEEP MATHUR),J
78-sonia/-
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