Rajesh Kumar and Anr. v. Union of India & Ors.
Case brief
What is this about?
Writ petition regarding subvention scheme charges and SARFAESI action disposed of as withdrawn with liberty to file fresh petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~116
Through: Mr. Saksham Rana, Mr. Atul Kumar Singh and Mr. Ayush Tyagi, Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. R.V. Sinha, Mr. A.S. Singh, Ms. Shriya Sharma and Ms. Nidhi Singh, Advocates for R-1.
CORAM: HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 20.11.2025
“1. Allow the instant Petition thereby issuing a Writ of the Mandamus or any other appropriate writ directing the Respondent state to direct the banks/NBFCs to not charge the pre-EMIs or full EMIs from the Petitioners under subvention plan scheme till the delivery of possession of booked that;
2. Issue a Writ of Mandamus or any other appropriate writ directing the Respondent state to direct the Banks/NBFCs to charge all the pre-EMIs / full EMIs till the possession is not delivered from the Respondent builders;
3. Issue a Writ of Mandamus or any other appropriate writ directing Respondent No 1 & 2 to direct the Respondent No. 4 to not take coercive steps/ action against petitioners under The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and not to take coercive steps against petitioners;
4. Issue a Writ of Mandamus or any other writ directing the Respondent
W.P.(C) 17651/2025
Page 1 of 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 12:58:59
state to ensure the proper guidelines are followed by the respondent banks/NBFCs pertaining to the subvention scheme prevalent in the real estate sectors;
5. Issue a Writ of Mandamus or any other appropriate writ directing the Respondent state to make sure that the Petitioners are provided his booked flat in a time bound manner,
6. Pass an appropriate order or direction against Respondent No 2 for initiating strict action against Respondent banks/NBFCs for violating the rules and regulations laid down by Respondent No 2 as a regulator for the banking sector;”
JYOTI SINGH, J
NOVEMBER 20, 2025
S.Sharma
W.P.(C) 17651/2025
Page 2 of 2
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/11/2025 at 12:58:59
RAJESH KUMAR AND ANR.
UNION OF INDIA
JYOTI SINGH
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court