[2025:RJ-JP:43889] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16607/2025 State Bank Of India, A Body Corporate Constituted Under The State Bank Of India Act, 1955, Having Its Stressed Assets Management Branch-Ii (Samb-Ii), 11Th Floor, Jawahar Vyapar Bhawan, 1, Tolstoy Marg, New Delhi - 110001 (Earlier Address At Arya Samaj Road, Karol Bagh, New Delhi-110005), Through Its Authorized Officer. ----Petitioner Versus 1. The District Magistrate, Alwar, Office Of The District Collector And Magistrate, District Alwar, Rajasthan. 2. Tehsildar, Tehsil Khairthal, Tijara, Tapunkada District Alwar, Rajasthan. 3. M/s Eximious Hospitality Private Limited, (Formerly Known As M/s Sps Hospitality And Entertainment Private Limited) Having Its Registered Office At B-4-304, Sahara Grace, M.g. Road, Sector-28, Gurgaon, Haryana-122001 And Also At Bb Mall, A-95 (A) Neelam Chowk, Industrial Area, Bhiwadi, Dist. Alwar, Rajasthan, Through Its Director. 4. Sh. Shaitan Singh Yadav, Tehsildar, Tehsil Khairthal, Tijara, Tapunkada District Alwar, Rajasthan. ----Respondents For Petitioner(s) : Mr. Yash Sharma, Adv. with Mr. Raghav Pareek, Adv. Mr. Harsh Lodha, Adv. & Ms. Srishti Soni, Adv. For Respondent(s) : Mr. V.D. Gathala, AGC with Ms. Poonam Rao, Adv. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 01/11/2025 1. The present petition has been filed by the petitioner with the following prayer:- [2025:RJ-JP:43889] (2 of 4) [CW-16607/2025] "It is, therefore, humbly and most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present Writ Petition and by way of writ, order or direction: 1. Declare the entire action/omission on the part of Respondent-Tehsildar, Tapunkada (Tijara) of not complying the Order dated 05.06.2017 as illegal, arbitrary and in violation of mandate of section 14 of the SARFAESI Act, 2002. 2. Quash and set aside the impugned report dated 16.09.2025 prepared by the Respondent- Tehsildar, Tapunkada (Tijara). 3. Direct the Respondent- Learned District Magistrate, Alwar, to ensure compliance of his own order dated 05.06.2017 and further direct the Respondent-Tehsildar, Tapunkada (Tijara) or any other competent official, to forthwith take necessary steps for execution and enforcement of the Order dated 05.06.2017 by handing over immediate physical possession of the subject mortgaged property of M/s Eximious Hospitality Pvt. Ltd., Situated at B.B. Mall, A-95(A), Neelam Chowk, Industrial Area, Bhiwadi, District Alwar, Rajasthan, to the Petitioner Bank in accordance with law. 4. Direct the Respondent-District Magistrate, Alwar, to take appropriate administrative or disciplinary action against the Respondent- Tehsildar No. 4 for willful disobedience and failure to comply with the lawful order dated 05.06.2017. 5. And/or any other appropriate order or direction may also kindly be passed in favor of the Petitioner Bank, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case." 2. Learned counsel for the petitioner submits that the learned District Collector and District Magistrate, Alwar passed the order dated 05.06.2017 in the application filed by the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Act of 2002') for getting the possession of the secured asset, whereby, the Tehsildar was directed to implement the aforesaid order by handling over physical possession of the secured asset, however, the aforesaid [2025:RJ-JP:43889] (3 of 4) [CW-16607/2025] order is yet to be complied with by the Tehsildar. Thereby, the Tehsildar has provided time to the borrower to make payment in respect of the loan, which is not within his jurisdiction. Hence, the Tehsildar is duty bound to comply with the order dated 05.06.2017 passed by learned District Collector and District Magistrate, Alwar. 3. Learned counsel for the petitioner further submits that the outstanding debt on the part of the borrower is about 48 crores as on the present date and the petitioner is not able to receive the debt due to inaction on the part of the respondents; particularly as the Tehsildar is not complying with the order dated 05.06.2017 passed by learned District Collector and District Magistrate, Alwar. 4. Learned counsel for the petitioner prays that the petition be disposed of at this stage with a direction to the concerned Tehsildar to comply with the aforesaid order and take the possession of the secured asset. 5. Learned counsel for the petitioner has drawn the attention of this Court towards the judgment passed by the Hon'ble Apex Court in the case of Kotak Mahindra Bank Limited Vs. Girnar Corrugators Private Limited reported in 2023 SCC OnLine SC 15. 6. Heard learned counsel for the parties. 7. Mr. V.D. Gathala, AGC accepts notice on behalf of respondent Nos. 1,2 & 4. 8. Issue notice to respondent no. 3 only by both modes i.e., by ordinary process as well as by registered post. 9. It is an admitted fact that respondent No.3 is borrower; who made default in making the payment of loan, therefore, the petitioner moved an application before District Collector and [2025:RJ-JP:43889] (4 of 4) [CW-16607/2025] District Magistrate, Alwar under Section 14 of the Act of 2002. Vide order dated 05.06.2017 passed by District Magistrate and District Collector, Alwar, the Tehsildar was directed to take possession of the secured asset with assistance of the police authorities. Though, the petitioner has deposited the expenses/charges for the police assistance, yet the order dated 05.06.2017 has not been complied with. 10. In that view of the matter, the petition is disposed of with a direction to the concerned Tehsildar to comply with the order dated 05.06.2017 passed by District Collector and District Magistrate, Alwar within a period of 15 days from the date of receipt of the certified copy of this order. (ASHUTOSH KUMAR),J TANISHA /39