2025:UHC:659 I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE SRI JUSTI CE ALOK KUMAR VERMA 1 0 t h FEBRUARY, 2 0 2 5 W RI T PETI TI ON ( M/ S) NO.3 5 6 7 of 2 0 2 4 Utkarsh Small Finance Bank LTD. ..…Petitioner Versus District Magistrate, Haridwar, Collectorate, Roshnabad, Haridwar and Others ..…Respondents Counsel for the Petitioner : Mr. Ashutosh Thakral, Advocate. Counsel for the Respondent : Mr. Suyash Pant, Nos.1 to 3. Standing Counsel. Hon ’ble Alok Ku m ar Ver m a,J. The present writ petition has been filed under Article 226 of the Constitution of India with the following prayers: “(i) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondent nos.2 and 3, to forthwith implement and execute or to expedite the implementation and execution, in letter and spirit, of Order dated 03.08.2023 (Annexure no.2 to the Writ Petition) passed by the District Magistrate, Haridwar (Respondent no.1). (ii) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction to the Respondents to provide necessary Police assistance for taking physical possession over the mortgaged property, thereby to ensure the execution of Magistrate’s order within a specified time frame as deemed appropriate by this Hon’ble Court. (iii) Issue such other wirt/ writs, order/ orders, direction/ directions as this Hon’ble Court may deem fit and proper in the interest of justice. (iv) Award cost of the petition be awarded in favour of petitioner.” 1 2025:UHC:659 2 . Mr. Ashutosh Thakral, Advocate, has contended that the petitioner is a Scheduled Commercial Bank, registered with the Reserve Bank of India. The petitioner is the secured creditor and the respondent nos.4 and 5 are the borrowers. The respondent no.4 and the respondent no.5 had obtained loan facility from the petitioner. The respondent no.4 and the respondent no.5 did not repay the loan amount. The loan account was classified as Non- Performing Assets. As on 21.01.2023, the total amount to be payable by the respondent no.4 and respondent no.5 in respect of the said loan account was Rs.44,55,601.32/ -(Rupees Forty Four Lakh Fifty Five Thousand Six Hundred One and Thirty Two Paise). The petitioner had taken all the steps as provided under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “Act, 2002”). The petitioner moved an Application dated 21.01.2023 before the District Magistrate, Haridwar, the respondent no.1, under the provisions of Section 14 of the Act, 2002. The District Magistrate, while exercising the power under Section 14(1)(2) of the Act, 2002 issued the direction to the Senior Superintendent of Police, Haridwar, the 2 2025:UHC:659 respondent no.3, on 03.08.2023 to give direction to the Station House Officer concerned to provide the assistance of police force for taking possession of the mortgaged property through Tehsildar. The petitioner made a payment of Police Protection Fee to the tune of Rs.29,744/ -(Rupees Twenty Nine Thousand Seven Hundred Forty Four) along with GST on 07.11.2023. The police station concerned made an endorsement dated 06.02.2024 that as police force is busy, therefore, the police force is not available. The petitioner sent the letters dated 02.09.2024 and 22.10.2024 to the District Magistrate, Haridwar, the Additional District Magistrate, Haridwar, I.G., D.G.P., Uttarakhand, Tehsildar, Roorkee and Principal Secretary, Home to expedite the matter and pass appropriate directions for taking physical possession of the property-in-question. 3 . With the consent of both the parties, the present Writ Petition (M/ S No.3567 of 2024) is disposed of by directing the Senior Superintendent of Police, Haridwar, the respondent no.3, and the Tehsildar, Roorkee, the respondent no.2, to comply with the order dated 03.08.2023, passed by the District Magistrate, Haridwar, the respondent no.1, in 3 2025:UHC:659 Application No.24 of 2023, as per law. _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ALOK KUMAR VERMA, J. Date: 10.02.2025 Neha 4