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Rajasthan High Court - Jodhpur
Aavas Financiers Limited vs State Of Rajasthan (2026:Rj-Jd:8108) on 12 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:8108]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 3057/2026
Aavas Financiers Limited, (Formerly Known As Au Housing
Finance Limited) Through Its Authorized Signatory Ajay Kumar
Yadav So Chittar Mal, Age 32 Years, Having Registered And
Corporate Office At 201-202, 2Nd Floor, Southend Square,
Mansarovar Industrial Area, Jaipur-302020 Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Principal Secretary,
Department Of Home, Government Secretariat, Jaipur,
Rajasthan.
2. Superintendent Of Police, Bhilwara, Office Of The
Superintendent Of Police Bhilwara, Rajasthan.
3. Station House Officer, Police Station Sadar, District
Bhilwara, Rajasthan.
4. Bhagwan Singh S/o Hari Singh, 7, Rajputo Ka Mohalla,
Pipali, Bhilwara, Rajasthan- 311025. Also At- Property
Situated At Patta No. 2, Missal No. 35, Gram Panchayat
Peepli, Panchwati Samiti Suwana, District Bhilwara,
Rajasthan.
5. Dhankanwar W/o Bhagwani Singh Kailash, 7, Rajputo Ka
Mohalla, Pipali, Bhilwara, Rajasthan- 311025.
6. Devendra Singh Chouhan S/o Bhagwan Singh, Pipali,
Bhilwara, Rajasthan- 311025.
7. Prithvipal Singh Chouhan S/o Bhagwan Singh, Pipali,
Bhilwara, Rajasthan- 311025.
----Respondents
For Petitioner(s) : Mr. Arpit Mehta.
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
12/02/2026
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1. The instant writ petition under Article 226 of the Constitution
of India has been filed by the petitioner seeking the following
reliefs:-
"Therefore, most humbly prayed that respondent no. 2 and
3 be directed to forthwith remove trespassers from the
property viz "(i) All The Part And Parcel Of Property of Mr.
Bhagwan Singh S/o Hari Singh Property Situated at Patta
No. 2, Missal No. 35, Gram Panchayat Peepli, Panchwati
Samati, Suwana, District Bhilwara, Rajasthan admeasuring
6107 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."
2. Learned counsel for the petitioner submitted that the
petitioner is a Bank and it had granted loan to the respondent
No.4 & 7. Since the loan amount was not repaid by the respondent
No.4 & 7, 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 19.08.2025.
3. Learned counsel for the petitioner submitted that the
respondent No.4 & 7 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 & 7 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, Bhilwara and SHO, Police Station Sadar
Bhilwara, District Bhilwara for restoring the possession of the
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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
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, Bhilwara and SHO,
Police Station Sadar Bhilwara, District Bhilwara 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
19.08.2025.
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,
Bhilwara and SHO, Police Station Sadar Bhilwara, District Bhilwara
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, Bhilwara and SHO, Police Station Sadar
Bhilwara, District Bhilwara are under an obligation to act in
consonance with the provisions of law for restoring the possession
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of the petitioner in the circumstance since the petitioner has
already approached them.
7. It is expected from the Superintendent of Police, Bhilwara
and SHO, Police Station Sadar Bhilwara, District Bhilwara that
appropriate action for restoring the 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 as
well as stay application stand disposed of.
(KULDEEP MATHUR),J
61-Tikam/-
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