Disposed¶7

Save Housing Finance Limited v. State of Uttarakhand

Uttarakhand HC6 Jul 2026WPMS/1968/2026

Case brief

AI extract

What is this about?

Uttarakhand writ (WPMS/1968/2026, decided 06.07.2026, Manoj Kumar Tiwari, J.): secured creditor Save Housing Finance Ltd failed in seeking direct court-ordered enforcement of a Chief Judicial Magistrate (Haridwar) Section 14 SARFESI/SARFAESI Act, 2002 possession order (Misc case no. 648 of 2025, dated 16.10.2025); correct route held to be application to the concerned Station House Officer with requisite fee for police assistance; writ disposed with liberty; representations dated 11.12.2025 and 18.03.2026 to respondent no. 2 noted; keywords: S.14 SARFAESI, possession of secured asset, police force, SHO, Tehsildar, CJM Haridwar, mandamus, disposal.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to approach the Station House Officer concerned; upon application and deposit of requisite fee as determined by the SHO, the SHO shall take necessary steps as per law for implementing the CJM, Haridwar order.

SL.
No.

Date

Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

COURT’S OR JUDGE’S ORDERS

WPMS/1968/2026
Save Housing Finance Limited
--Petitioner
Versus
State Of Uttarakhand
--Respondent
Hon’ble Manoj Kumar Tiwari, J

1.
Mr.
Devansh
Dhiman,
learned
counsel for the petitioner.
2.
Mr. Suyash Pant, learned Additional
C.S.C. for the State of Uttarakhand.

3.
By means of this writ petition,
petitioner
has
sought
the
following
reliefs:-
(i) Issue a writ, order or direction in the nature of
mandamus, commanding the respondent no. 1
and 2 to forthwith comply with and execute the
order dated 16.10.2025 passed by the of
learned Chief Judicial Magistrate, Haridwar in
Misc case no. 648 of 2025 under section 14 of
the SARFESI Act, 2002 (Annexure No. 2).
(ii) Issue a writ, order or direction directing
Respondent no. 2 to take possession of the
secured asset in term of the aforesaid order and
hand
over
possession
thereof
to
the
petitioner/its authorized officer within a time
period fixed by this Hon’ble Court.

(iii) Issue a writ, order or direction directing
respondent no. 2 to decide and act upon the
petitioner’s representation dated 11.12.2025
(Annexure
no.
3)
and
dated
18.03.2026
(Annexure No. 4).

4.
In
effect,
petitioner
wants
enforcement of order passed by Chief

Judicial Magistrate, Haridwar in the proceedings under Section 14 of SARFAESI Act.
5. Learned State Counsel points out that petitioner should have approached before the Station House Officer of the concerned Police Station for police force and he should have deposited the requisite fee. He submits that instead of doing so, petitioner has rushed to this Court seeking a direction to Tehsildar to execute the order.
6. This Court finds substance in the said contention, instead of rushing to this Court, the proper course available to petitioner was to approach the Station House Officer concerned.
7. The writ petition is disposed of, accordingly, with liberty to petitioner to approach the Station House Officer concerned. If he makes application before Station House Officer concerned and deposits requisite fee, as determined by Station House Officer, then necessary steps shall be taken by Station House Officer, as per law, for implementing the order passed by Chief Judicial Magistrate, Haridwar. (Manoj Kumar Tiwari, J) 06.07.2026 Aswal

Judicial
Magistrate,
Haridwar
in
the
proceedings
under
Section
14
of
SARFAESI Act.

5.
Learned State Counsel points out
that petitioner should have approached
before the Station House Officer of the
concerned Police Station for police force
and he should have deposited the
requisite fee. He submits that instead of
doing so, petitioner has rushed to this
Court seeking a direction to Tehsildar to
execute the order.

6.
This Court finds substance in the
said contention, instead of rushing to this
Court, the proper course available to
petitioner was to approach the Station
House Officer concerned.

7.
The writ petition is disposed of,
accordingly, with liberty to petitioner to
approach
the
Station
House
Officer
concerned.
If
he
makes
application
before Station House Officer concerned
and deposits requisite fee, as determined
by Station House Officer, then necessary
steps shall be taken by Station House
Officer, as per law, for implementing the
order passed by Chief Judicial Magistrate,
Haridwar.
(Manoj Kumar Tiwari, J)
06.07.2026
Aswal

Save Housing Finance Limited v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Save Housing Finance Limited v. State of Uttarakhand

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

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