2025:HHC:7744 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.14513 of 2024 Decided on:25.03.2025 __________________________________________________________ State Bank of India ...Petitioner Versus District Magistrate Solan, ...Respondents District Solan & ors. Coram Hon’ble Mr. Justice Vivek Singh Thakur, Judge Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?. For the petitioner: Mr. Arvind Sharma, Advocate. For the respondents: Mr. Arsh Rattan, Deputy Advocate General, for respondents No.1 to 3-State. Mr. I.S. Ratra, Advocate, for respondent No.4. Vivek Singh Thakur, Judge [Oral] Present petition has been filed seeking direction to the respondents to hand over physical possession of secure/attached assets, in compliance of order dated 22.11.2022, as per mandate of Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, and also to direct Superintendent of Police Baddi, District Solan, 1 Whether reporters of Local Papers may be allowed to see the judgment? 2025:HHC:7744 - 2 - Himachal Pradesh, to provide sufficient security during taking over possession of secured assets to avoid any kind of untoward incident. 2. In response to present petition, Deputy Commissioner/District Magistrate, Solan, Himachal Pradesh, has communicated vide letter dated 23.12.2024, addressed to learned Advocate General, as under:- “ In this regard, it is submitted that the authorized officer of petitioner bank has filed an application in the office of Sub-Registrar-cum Tehsildar, Baddi for taking possession of the land comprised Kh/Kh No.99/99 Khasra No.417/66 & 419/67 Kitas 02 measuring 06-05- 00 bighas at mauza Judikalan, Tehsil Baddi District Solan, H.P. vide letter No.SAMB/T-V/97 dated 15.05.2023. The communication received from the petitioner bank was sent to the SHO, Baddi & Field Kanungo Baddi and the concerned Company i.e. M/s Neol Pharma for taking the possession of above mentioned land. However, after examining the matter, it was found red entry of the stay vide order of Hon’ble High Court of Himachal Pradesh in RSA No.153 of 2022 titled as M/s Shiwalik Co-op Housing Building Society Ltd. Vs. Dolu @ Daulta Ram (deceased) through LRs, entered vide Rapat No.595 dated 28/07/2022 was recorded in the revenue record. Also, another red entry is there in the revenue record of the Jamabandi year 2016-17, entered vide Rapat No.552 dated 03-0- 2019, vide which the total share of the M/s Neol Pharma is attached in favour of Poonam Garg by the order dated 23-02-2019 of Hon’ble court of Civil Judge Nalagarh in Case No.7/3 of 2017. This Copy of Jamabandi is enclosed herewith. Thereafter the Tehsildar, Baddi sent the matter to this office of opinion vide letter No.Baddi/Reader-Tehsildar/2024-144 2025:HHC:7744 - 3 - dated 21-02-2024 (Copy enclosed). The matter was examined in this office and vide letter No.SLN/Reader to DM/Sarfaesi/No.122 of 2022- 241 dated 02-03-2024 (Copy enclosed), the Tehsildar, Baddi was advised that “Section 26E of the Sarfaesi Act, 2002 and provisions of the Sarfaesi Act, 2002 has also overriding effects over other laws as per Section 35 of the said Act, but amidst stay order passed by the Hon’ble High Court in the said RSA it would be appropriate to wait for vacation for stay from the Hon’ble Court, in case land in question is same as involved in the said RSA.” 3. Copy of Jamabandi of land/property/secured assets, placed on record with aforesaid instructions, substantiates the information placed on record in the Status Report with respect to charge created on or attachment of property/secured assets in reference. 4. It is apparent from the aforesaid information that without removal or setting aside the charge/ attachment of the property in reference, no further direction can be given to any authority to proceed further to sell the property in reference in present petition. 5. In aforesaid facts and circumstances, present petition is disposed of with liberty to the petitioner-Bank to avail appropriate remedy by approaching competent forum as available for redressal of its grievance(s), if any. The petition is disposed of, so also pending 2025:HHC:7744 - 4 - application(s), if any, in aforesaid terms. (Vivek Singh Thakur) Judge (Ranjan Sharma) Judge March 25, 2025 [Shivender]