Page No.# 1/5 GAHC010242992025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6743/2025 UCO BANK A GOVERNMENT OF INDIA OWNEED BANK, CARRYING ON BANKING BUSINESS UNDER LICENSE GRANTED BY RESERVE BANK OF INDIA, HAVING ITS REGISTERED HEAD OFFICE 10, B T M SARANI, KOLKATA- 700001 WEST BENGAL, INDIA AND HAVING ONE OF ITS BRANCH OFFICE AT SILPUKHURI BRANCH (0533), GNB ROAD, SILPUKHURI GUWAHATI 781003 AND IS REPRESENTED BY SHRI ABHISHEK KUMAR, CHIEF MANAGER, UCO BANK, SILPUKHURI BRANCH, AGED ABOUT 44 YEARS, SON OF LATE MANORANJAN RESIDENT OF VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE DEPARTMENT, GUWAHATI, KAMRUP (M), ASSAM- 781006 2:THE DISTRICT COMMISSIONER -CUM- DISTRICT MAGISTRATE OFFICE OF THE DISTRICT COMMISSIONER KAMRUP METROPOLITAN ASSAM- 781036 3:THE ADDITIONAL DISTRICT COMMISSIONER-CUM-ADDITIONAL DISTRICT MAGISTRATE OFFICE OF THE DISTRICT COMMISSIONER DIMORIA CO- DISTRICT- SONAPUR ASSAM- 782402 4:SRI HIRAK JYOTI SAIKIA ACS EXECUTIVE MAGISTRATE DIMORIA CO DISTRICT DIMORIA Page No.# 2/5 5:THE CIRCLE OFFICER OFFICE OF THE CIRCLE OFFICER DISPUR REVENUE CIRCLE DISPUR REV. CIRCLE P.O.- DISPUR DIST.- KAMRUP (M) PIN- 781006 6:THE ASSTT. COMMISSIONER OF POLICE (RESERVE) OFFICE OF THE COMMISSIONER OF POLICE GUWAHATI- 781001 7:MRS. MOMY DOWERAH (BORROWER) WIFE OF MR. PARTHA JYOTI DOWERAH RESIDENT OF FLAT NO. 303 UTTARAYAN PRESTIGE NEAR SURVEY BELTOLA ROAD P.O. AND P.S. AND DIST.- GUWAHATI ASSAM- 78102 Advocate for the Petitioner : MR. M SHARMA, MS. S YASMIN,P MAZUMDAR Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA ORDER Date : 18/05/2026 (Michael Zothankhuma, J) 1. Heard Mr. M. Sharma, learned Counsel for the petitioner Bank and Mr. S. Baruah, learned Government Advocate, Assam, appearing for respondent nos. 2, 3 & 5 and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, appearing for respondent no. 1. 2. The petitioner's case is that despite the order dated 26/08/2025, issued by the Additional District Magistrate, Dimoria Co-District, Sonapur, directing the Executive Page No.# 3/5 Magistrate, Dimoria Co-District, to depute and oversee law and order issues during taking over possession of the secured assets/properties by the UCO Bank, which has been wrongly mentioned as Assam Financial Corporation Authority, the respondents have not done the same till date. 3. The order which has not been acted upon i.e. the order dated 26/08/2025, passed by the Additional District Magistrate, Dimoria Co-District, Sonapur, states as follows :- “Seen and perused the letter received from the Authorized Officer, UCO Bank, Silpukhuri Branch, Guwahati vide letter dated 11/03/2025, U/S 14 of SARFAESI, Act and rule, 2002 against the borrower Mrs. Momi Dowerah, W/o- Mr. Partha Jyoti Dowerah. Accordingly, Sri Hirak Jyoti Saikia, ACS, Executive Magistrate, Dimoria Co-District is hereby deputed to oversee Law and Order during taking over the possession of the following secured assets by the Assam Financial Corporation Authority as per provision of SFC'S Act. 1951. DESCRIPTION OF THE SECURED PROPERTY Name of the Borrower: Mrs. Momi Dowerah W/o- Mr. Partha Jyoti Dowerah Schedule or Property: Equitable mortgage of a residential flat measuring built up area 1504 Sq. ft (Super built up area 1880 Sq. ft. approximately) being Flat No.9 - C in the Block No.A of RCC building "IDEAL HILL VIEW" with undivided proportionate share of land measuring 04 lechas with one open car parking space No.9-C standing over a plot of land measuring more or less 11B-02K-07L covered by Dag no- 695,696 and 698 of K.P Patta No. 88 within Revenue village- Birkuchi Mouza- Beltola revenue circle Dispur, Guwahati, Assam, property in the name Mrs. Momi Dowerah W/o- Mr. Partha Jyoti Dowerah. The holder of the secured assets shall be solely liable for any and all statutory/legal liabilities including providing information under Right to information Act, if need be etc. As per section 14(3) of SARFAESI Act, "No act of the District Magistrate done in pursuance of this section shall be called in questioning any court or before any authority. Page No.# 4/5 This has the approval of the Addl. District Magistrate. Dimoria Co-District, Sonapur in e-file No, MJ-36/152/2025-MAG-CD(DIM), Dated: 26/08/2025” 4. Subsequent to the order dated 26/08/2025 issued by the Additional District Magistrate, Dimoria Co-District, Sonapur, the Deputy Commissioner of Police (A) Guwahati had written a letter dated 08/10/2025, which is addressed to the Assistant Commissioner of Police (Reserve), Guwahati, which states as follows:- “Sub:- DETAILMENT OF POLICE ESCORT PARTY. Ref:- No. Nil, Dtd. 03.10.2025 With reference to the subject & Memo No. cited above, the force assessment has done by the Officer-In-Charge, Noonmati P.S. and request to provide SI(UB) - 02Nos., Arms Force - 12 Nos., with WPC-10 Nos. and UBC - 10 Nos., on 09.10.2025 at 09:00 AM for maintaining law & order situation during taking over physical possession of the secured assets of borrower Mrs. Momi Dowerah, W/O Mr. Partha Jyoti Dowerah. The details of the secured assets-A residential flat measuring 1504 sq.ft., Flat No. 9C, Block-A of RCC building IDEAL HILL VIEW with undivided share of land measuring 04 Lechas with car parking standing over a plot of land measuring 11B-02K-07L covered by Dag No 695,696 and 698 of K.P. Patta No 88 situated at Birkuchi under mouza Beltola, Kamrup (M), Guwahati, property in the name of Mrs. Momi Dowerah, W/O Mr. Partha Jyoti Dowerah. In this regard, you are requested to arrange to provide the above mentioned police personnel in consultation with Deputy Commissioner of Police, Central Guwahati Police District & the Officer-In-Charge, Noonmati Police Station and also confirm whether it is known to Commissioner of Police, Guwahati or not. The party has already deposited the cost of Police Escort.” 5. In view of the order dated 26/08/2025 issued by Additional District Magistrate, Dimoria Co-District, Sonapur, the respondents are directed to comply with the above order dated 26/08/2025 and letter dated 08/10/2025, issued by the Deputy Commissioner of Police (A), Guwahati, within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. Page No.# 5/5 6. The writ petition is accordingly disposed of. JUDGE JUDGE Comparing Assistant