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2026 DAILYLAW 21210 (RAJ)

UJJIVAN SMALL FINANCE BANK LTD. v. STATE OF RAJASTHAN

CW/116/2026 · 2026-02-05

Anuroop Singhi

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:5420] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 116/2026 1. Ujjivan Small Finance Bank Ltd., Having Its Registered Office And Head Office At Grape Garden No. 27, 3Rd A Cross, 18Th Main, 6Th Block, Koramangala, Bengaluru- 560095 And Branch Office At Plot No. A-58A And A-59, Ground Floor, Scheme No. 10-A, Gopalpura Bypass, Jaipur-302017 Through Its Duly Constituted Attorney Sh. Abhimanyu Singh Rathore, Authorised Signatory/territory Manager Legal At Ujjivan Small Finance Bank Regional Office, 2Nd Floor, Gmtt Building, Plot No. D-7, Sector 3, Noida (U.p.)- 201301. 2. Ujjivan Small Finance Bank Ltd., Through Its Authorised Signatory, Alwar, Rajasthan. ----Petitioners Versus 1. State Of Rajasthan, Through Additional Chief Secretary, Department Of Home, Secretariat, Jaipur. 2. The Director General Of Police, Jaipur, Rajasthan, Head Quarter, Lal Kothi, Jaipur 3. The Superintendent Of Police, Deeg, Rajasthan. 4. Jhanda Singh S/o Natthi Singh, R/o Sundrawali Nagar, District Bharatpur, Rajasthan 321205 (Borrower) 5. Rajavti W/o Jhanda Singh, R/o Pani Ki Tanki, Sundrawali Nagar, District Bharatpur, Rajasthan - 321205 (Co- Borrower/ Guarantor) ----Respondents For Petitioner(s) : Mr. Himanshu Jain with Ms. Apoorva Agarwal For Respondent(s) : Ms. Sunita Meena, AGC for Mr. Bhuwnesh Sharma, AAG HON'BLE MR. JUSTICE ANUROOP SINGHI Order 05/02/2026 1. Learned counsel for the petitioners, at the very outset, submits that the order dated 07.04.2025 passed by the [2026:RJ-JP:5420] (2 of 3) [CW-116/2026] respondents No.1-3, vide which the petitioners have been required to deposit an amount of Rs.2,65,248/- towards expenses/charges for granting police assistance for ensuring implementation of the order dated 22.01.2025 passed by learned Senior Civil Judge, Bharatpur, in Civil Case No.40/2024, is absolutely contrary to law and has been issued in sheer ignorance of the order passed by this Court in S.B. Civil Writ Petition No.14449/2025 dated 30.10.2025, titled as Tyger Home Finance Private Limited Vs. State of Rajasthan and Ors., wherein this Court has held that there is no provision under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 (hereinafter referred to as “the Act of 2002”) which authorizes the learned Magistrate to direct the secured creditor to deposit any expenses towards police assistance for taking possession of the secured asset. 2. Reliance has also been placed upon the order dated 19.04.2022 passed by this Court at Principal Seat, Jodhpur, in S.B. Civil Writ Petition No.2310/2022, titled as Valeed Ahmed and Anr. Vs. The Commissioner of Police and Ors., wherein also it was held that the police is bound to provide police aid for the purpose of execution of the decree of the Court and it cannot ask any person to deposit any amount for that purpose. Learned counsel for the petitioners submits that the said order was tested by the respondent(s) – State by filing D.B. Special Appeal Writ No.671/2022 at Principal Seat, Jodhpur, which was withdrawn on 11.07.2022. 3. Further, reliance has been placed upon the order dated 12.12.2023 passed by this Court at Principal Seat, Jodhpur, in [2026:RJ-JP:5420] (3 of 3) [CW-116/2026] S.B. Civil Writ Petition No.12404/2019, titled as Raghunath Singh Bhati Vs. Kailash and Ors., wherein also the order whereby the petitioner therein was required to deposit an amount for seeking police assistance was quashed and the Police Authorities were directed to provide sufficient police force for execution of the decree. 4. Taking note of the above undisputed facts and the repeated orders passed by this Court, the impugned demand of Rs.2,65,248/- raised by the respondents No.1-3 vide order dated 07.04.2025 is quashed and they are directed to provide all the required police assistance for ensuring the implementation of the order dated 22.01.2025 passed by learned Senior Civil Judge, Bharatpur, in Civil Case No.40/2024 titled Ujjivan Small Finance Bank Ltd. Vs. Jhanda Singh and Ors. 5. With the above directions, the writ petition is disposed of. 6. Pending application(s), if any, stand disposed of. 7. The respondents are directed to ensure execution of the same at the earliest, preferably within a period of two months from the date of service of the certified copy of this order. (ANUROOP SINGHI),J DANISH USMANI /36