HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 10824/2025 Sammaan Capital Limited, (Formerly Known As Indiabulls Housing Finance Limited) Registered Office At 62-63, First Floor, Cannaught Place, New Delhi-110001 Through Authorized Officer.

----Petitioner Versus

1. District Magistrate And District Collector, Kota.

2. Triveni Agro Traders Private Limited, Address- 281 Pratap Nagar, Dadabadi, Kota- 324005 Rajasthan

3. Jai Shree Mishra W/o Shri Shri S C Mishra, Address-

281 Pratap Nagar, Dadabadi, Kota- 324005 Rajasthan And Also At C/o Jai Shree Fashion, 801, Shastri Nagar, Kota Rajasthan

4. Niroz Insulator Private Limited, Address - 801, Shastri Nagar, Dadabadi, Kota 324005 And Also At 281, Pratap Nagar, Dadabadi, Kota 32400

5. Subash Mishra S/o Shri Brij Lal Mishra, Address - 281, Pratap Nagar, Dadabadi, Kota 324005 Rajasthan And Also At C/o Jai Shree Fashion, 801, Shastri Nagar, Kota, Rajasthan.

6. Chandani Mishra D/o Shri S C Mishra, Address - 281, Pratap Nagar, Dadabadi, Kota 324005 Rajasthan And Also At C/o Jai Shree Fashion, 801, Shastri Nagar, Kota, Rajasthan.

7. Subash Mishra And Sons, Through Karta Address - 281, Pratap Nagar, Dadabadi, Kota 324005 Rajasthan And Also At C/o Jai Shree Fashion, 801, Shastri Nagar, Kota, Rajasthan.

----Respondents For Petitioner(s) : Mr. Pramod Kumar For Respondent(s) :

JUSTICE ANOOP KUMAR DHAND

Order

21/07/2025

1. By way of filing this writ petition, a challenge has been led to the impugned order dated 21.05.2025 passed by the District Magistrate, Kota, by which the application submitted by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act of 2002’) has been allowed and a direction has been issued to the concerned Police Officials to execute the order dated 21.05.2025 subject to the condition that the order shall not be executed in case any dispute with regard to title or possession arises and under such eventuality, the matter be remitted to the Court of District Magistrate, Kota. 2. Learned counsel submits that the scope of Section 14 of the Act of 2002 is limited, but exceeding the jurisdiction, the learned Magistrate has passed above additional direction i.e. in case, any dispute is there with regard to title or possession over the subject land, then the order dated 21.05.2025 be not executed. Counsel submits that the Magistrate is not adjudicatory authority, hence, the order dated 21.05.2025 needs modification.

3. Heard and considered the submissions made at Bar and perused the material available on the record.

4. Basically, the petitioner is aggrieved by last para of the order passed by the District Magistrate on the application submitted by the petitioner under Section 14 of the Act of 2002, by which a conditional direction/order has been issued to the Police to not get possession of the subject premises to the petitioner, if there is a dispute of title or possession over the subject premises.

5. Section 14 of the Act of 2002 deals with the powers of the Chief Metropolitan Magistrate or District Magistrate to assist the secured creditors in taking possession of the secured assets.

6. On a fair reading of Section 14 of the Act of 2002, it appears that for taking possession of the secured assets in terms of Section 14(1) of the Act of 2002, the secured creditor is obliged to approach the District Magistrate/Chief Metropolitan Magistrate by way of a written application requesting for taking possession of the secured assets and documents relating thereto and for being forwarded to it (secured creditor) for further action.

7. The statutory obligation enjoined upon the District Magistrate/Chief Metropolitan Magistrate is to immediately move into action after receipt of a written application under Section 14(1) of the Act of 2002 from the secured creditor for that purpose. As soon as such an application is received, the District Magistrate/Chief Metropolitan Mag