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[2026:RJ-JD:45282]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 22764/2026 CNR: RJHC010950332026 | URN: CW / 39226U / 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 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, Udaipur, Office Of The Superintendent Of Police Udaipur, Rajasthan.

3. Station House Officer, Police Station Fathehnagar, District Udaipur, Rajasthan.

4. Ratanlal Suthar S/o Gopilal Suthar, R/o Dhaneriya, Tehsil Mavli, District Udaipur-313206, Rajasthan. Also At- 14, Shrinath Colony, Kalka Mata Road, Girwa, Udaipur- 313001, Rajasthan. Also At- Patta No. 20868, Araji No- 1257, Village Dhola Ka Ghanareya, Gram Panchayat Khartana, Panchayat Samiti Malvi, District Udaipur, Rajasthan.

5. Vishnu Sharma S/o Ratanlal Suthar, R/o Dhaneriya, Tehsil Mavli, District Udaipur-313206, Rajasthan.

6. Movani Devi W/o Ratanlal Suthar, R/o Dhaneriya, Tehsil Mavli, District Udaipur-313206, Rajasthan. Also At- 14, Shrinath Colony, Kalka Mata Road, Girwa, Udaipur-

313001, Rajasthan.

7. Arvind Joshi S/o Durga Shanker Joshi, R/o- Sai Kalyan Bhawan, Choti Joshiyo Ki Bhagal, Udaipur-313708, Rajasthan.

----Respondents For Petitioner(s) : Mr. Arpit Mehta For Respondent(s) : -

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/09/2026

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. Ratanlal Gopilal Suthar at Patta No. No.20868, Araji No. 1257, Village Dhola Ka Ghanareya, Gram Panchayat Khartahna, Panchayat Samiti Mavli, District Udaipur Rajasthan, Total Area admeasuring 513 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 7. Since the loan amount was not repaid by the respondent No.4 to 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 26.03.2025.

3. Learned counsel for the petitioner submitted that the respondent No.4 to 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 to 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, Udaipur and SHO, Police Station Fatehnagar, District Udaipur 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 the matter by not taking any action pursuant to the complaint registered by the petitioner – Bank. Lea