Disposed¶31

Jaynab Nessa v. the State of Assam and 5 Ors.

Gauhati HC5 Aug 2025WP(C)/3978/2025

Case brief

AI extract

What is this about?

Gauhati High Court WP(C)/3978/2025 decided 06-08-2025 Jaynab Nessa versus State of Assam and others SARFAESI Act 2002 symbolic possession wrongful attachment house ICICI Bank Barpeta Branch NPA possession notice confusion proximity mortgaged land son independent identity exclusive ownership due process direction undertaking disposed Ashutosh Kumar Chief Justice Arun Dev Choudhury

What did the court decide?

Writ petition disposed of on the Bank counsel's undertaking; respondent No.5 directed to follow due process for securing the loan granted to the petitioner's son, whose exclusively held land alone was mortgaged; affixation of symbolic possession on the petitioner's house had already been removed by respondent No.5. ¶31

Jaynab Nessa Vs the State of Assam and 5 Ors. — Banking and Recovery | Gauhati HC (2025)

Page No.# 1/3

GAHC010147002025

undefined

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : WP(C)/3978/2025

¶6

JAYNAB NESSA

¶7

D/O LATE MONSER ALI, VILL- GELABEEL, P.O.- GUMAFULBARI, P.S.TARABARI, DIST- BARPETA, ASSAM

¶8

VERSUS

¶9

THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER SECRETARY, REVENUE DEPARTMENT

¶10

2:THE DISTRICT COMMISSIONER BARPETA P.S. AND DIST- BARPETA PIN-781301

¶11

3:THE CIRCLE OFFICE CHENGA REVENUE CIRCLE P.S.- CHENGA PIN-781305 4:ICICI BANK ZONAL OFFICE OHIO SHOPPING COMPLEX 1ST FLOOR MG ROAD FANCY BAZAR GUWAHATI PIN-781001

¶12

5:THE BRANCH MANAGER ICICI BANK BARPETA BRANCH P.O. AND P.S.- BARPETA DIST- BARPETA

¶13

Page No.# 2/3

¶14

ASSAM PIN-781301

¶15

6:JAFAR MALLIK S/O LATE MAFIZUDDIN MALLIK R/O GELABEEL P.O.- GUMAFULBARI P.S.- TARABARI DIST- BARPETA ASSA

¶16

For the petitioner : Mr. A.R. Sikdar, Advocate

¶17

For the respondents : Mr. J. Handique, S.C. Revenue

¶18

For respondent No.1 Mr. R.K. Borah, Addl. Sr. Govt. Advocate, Assam For respondent Nos.2 & 3 Mr. M. Sarma, Advocate For the respondent Nos.4 & 5

¶19

– B E F O R E –

¶20

HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY

¶21

06-08-2025

¶22

(Ashutosh Kumar, C.J.)

¶23

This writ petition has been filed seeking intervention of this Court against the action of respondent No.5 in taking the symbolic possession of the house of the writ petitioner in an unauthorised manner.

¶24

The records reveal that the son of the petitioner had taken a loan after mortgaging his share of the property. It appears that the loan was not repaid and pursuant to a proceeding initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, symbolic possession of the house of the petitioner was

¶25

Page No.# 3/3

¶26

taken.

¶27

Mr. M. Sarma, learned counsel for the respondent Nos.4 and 5/Bank has, at the outset, very fairly submitted that such symbolic possession of the house of the petitioner was taken because of some confusion as the house in question stands in close proximity to the land which has been mortgaged. After the loan account was declared as NPA, possession notice was given. However, the symbolic possession of the house of the petitioner was taken on account of such confusion.

¶28

Noticing this error, the respondent No.5 has removed the affixation of symbolic possession from the house of the petitioner. He has further submitted that necessary corrective steps shall be taken shortly.

¶29

Based on the above undertaking of Mr. Sarma, we dispose off this writ petition with a direction that due process shall be followed by the respondent No.5 for securing the loan granted to the son of the petitioner, who has an independent identity and who holds land exclusively, which only had been mortgaged with the Bank.

¶30

We order accordingly.

¶31

The writ petition stands disposed off.

¶32

JUDGE CHIEF JUSTICE

¶33

Comparing Assistant

Jaynab Nessa v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Jaynab Nessa v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Minnatulla Mazumder @ Ninnatulla Mazumder Vs the Commissioner and Secy. to the Govt. of Assam and 5 Ors.

Achyut Chandra Das and 290 Ors. Vs the State of Assam and 5 Ors.

The Union of India and 2 Ors. Vs Chandra Shekhar E

Abdul Kuddus Vs the State of Assam and Ors.

Mithlesh Kumar Devedi Vs the Union of India and 4 Ors.

Principal Secy. to the Karbi Anglong Autonomous Council and 5 Ors. Vs Jeevan Munda