2025:UHC:10616 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PMS/ 3 3 0 4 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Ms. Tanya Kapoor, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Standing Counsel for the State of Uttarakhand. 3. Respondent nos. 4 & 5 took a housing loan from petitioner. Allegedly there was some default in repayment of loan, therefore, petitioner invoked its power under SARFAESI Act, 2002. Annexure 4 to the writ petition is an order under Section 14 of SARFAESI Act, passed by Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar. 4. Petitioner contends that even though, a sum of ₹47,756/- was deposited by him before Senior Superintendent of Police, Udham Singh Nagar, however, the Station House Officer concerned did not cooperate in getting physical possession of secured asset and now the deadline indicated in letter dated 28.10.2025 issued by SSP, Udham Singh Nagar, is expired. 5. By means of this writ petition, petitioner has sought the following reliefs: - (i) Issue a writ, order or direction in the nature of mandamus directing the Respondent Nos. 1 and 2 to provide police force for ensuring effective compliance of the order dated 02.06.2025 passed under Section 14 of the SARFAESI Act, 2002 by the Hon’ble Chief Judicial Magistrate, 2025:UHC:10616 Udham Singh Nagar in Case No. 196 of 2025 for assistance in taking physical possession of the Secured Asset, expeditiously within a period to be determined by this Hon’ble Court in the interest of justice and equity. (ii) Issue a writ order or direction in the nature of mandamus directing the Respondent No. 3 to extend the period of expiry of the police fee paid by the petitioner to a period to be determined by this Hon’ble Court in the interest of justice and equity. 6. Learned State Counsel is right in submitting that if petitioner has any grievance, regarding non-cooperation by the Subordinate Police Authorities or against the timeline indicated by SSP, Udham Singh in his letter dated 28.10.2025, then it will be open to the petitioner to approach either the Chief Judicial Magistrate, Rudrapur or SSP, Udham Singh Nagar for extending the timeline or for issuing necessary instructions to the concerned Authorities. 7. The writ petition is, accordingly, disposed of by permitting the petitioner to approach either Chief Judicial Magistrate, Rudrapur or Senior Superintendent of Police, Udham Singh Nagar by making an application. If such application is made within one week from today, decision thereupon shall be taken, as per law, within three weeks thereafter. ( Man oj Ku m ar Tiw ar i, J) 28.11.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08 b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF 4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.28 04:12:50 -08'00' 2025:UHC:10616