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2026 DAILYLAW 5227 (RAJ)

AAVAS FINANCIERS LIMITED v. STATE OF RAJASTHAN

CW/1767/2026 · 2026-03-25

Nupur Bhati

body2026

Judgment text

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[2026:RJ-JP:12612] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1767/2026 Aavas Financiers Limited, (Formerly Known As Au Housing Fi- nance Limited) Through Its Authorized Signatory Mr. Ajay Kumar Yadav S/o Chittar Mal, Age-32, Having Registered And Corporate Office At 201-202, 2Nd Floor, Southend Square, Mansarovar In- dustrial Area, Jaipur-302020 (Raj) ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, Depart- ment Of Home, Government Secretariat, Jaipur, Ra- jasthan. 2. Superintendent Of Police, Bhiwadi, Office Of The Superin- tendent Of Police Bhiwadi, Rajasthan. 3. Station House Officer, Police Station Tijara, District Bhi- wadi, Rajasthan. 4. Rohitash Kumar Saini S/o Mishra Lal Saini, R/o Ward No.11, Saipat Wala Kua, Tijara, District Alwar, Rajasthan- 301411. Also At- Darjanwali, Ward No. 20, Tijara, District Alwar, Rajasthan-301411. Also At- Patta No. 90, Ward No. 20, Khasra No. 2324, Tijara, Lawar, Rajasthan. 5. Nirmala Saini W/o Rohitash Kumar Saini, R/o Darjanwali, Ward No. 20, Tijara, District Alwar, Rajasthan-301411. Also At- Ward No.11, Saipat Wala Kua, Tijara, District Al- war, Rajasthan-301411. 6. Nitin Saini S/o Missar Saini, R/o- Darjanwali, Ward No. 20, Tijara, District Alwar, Rajasthan-301411. Also At- Ward No.11, Saipat Wala Kua, Tijara, District Alwar, Ra- jasthan-301411. 7. Asha Saini W/o Nitin Saini, R/o Darjanwali, Ward No. 20, Tijara, District Alwar, Rajasthan-301411. Also At- Ward No.11, Saipat Wala Kua, Tijara, District Alwar, Rajasthan- 301411 ----Respondents For Petitioner(s) : Mr. Jitendra Choudhary. HON'BLE DR. JUSTICE NUPUR BHATI [2026:RJ-JP:12612] (2 of 3) [CW-1767/2026] Order 25/03/2026 1. The writ petition has been filed by the petitioner with the fol- lowing reliefs:- “Therefore, most humbly prayed that respondent no. 2 and 3 be directed to forthwith remove trespassers from the property viz. "(i) All The Part And Parcel Of Property of Mrs. Nirmla Saini at Patta No. 90, Ward No. 20, Khasra No. 2324, Tijara, Alwar, Rajasthan admeasuring 87.5 Sq. Yd and (ii) All The Part And Parcel Of Property of Mrs. Asha Saini at Patta No. 89, Ward No. 20, Khasra No. 2324, Tijara, Alwar, Rajasthan admeasuring 87.5 Sq. Yd. "Which was in physical possession of the peti- tioner company and to take further steps in handing over the vacant and physical possession of the said property to the Authorized Officer of the petitioner company in time bound manner and also arrest the trespassers, so the same act won't be repeated by re- spondents again and again and also the Res-2 and 3 may be directed to handover the vacant premises for infinite times if the trespassers again and again lock break and take possession of mortgage property in fu- ture and any other appropriate order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 2. Learned counsel for the petitioner submits that the respondents have broken the locks of the mortgaged property again, for which, ear- lier the petitioner had filed SBCWP No.13424/2025 titled as Aavas Fi- nances Ltd. Vs. State of Rajasthan on this very issue. He further sub- mits that the borrower broke the locks again of the mortgaged property, upon which the complaint has been filed before the respondents on 05.01.2025 (Annex-A/6). He thus submits that the respondents authori- ties may be directed to take appropriate action in pursuance to the complaint registered by the petitioner-bank so that the possession of the mortgaged property is restored to the petitioner-bank. 3. Heard learned counsel for the petitioner. 4. It is an admitted position that the petitioner previously ap- proached this Court in SBCWP No.13424/2025:Aavas Financiers Ltd. [2026:RJ-JP:12612] (3 of 3) [CW-1767/2026] Vs. State of Rajasthan, citing the respondents' inaction in restoring pos- session despite the borrower's act of breaking the locks and forcibly en- tering the mortgaged property. 5. In these circumstances, this Court deems it appropriate to direct Respondent No.2- the Superintendent of Police, Bhiwadi, to take imme- diate steps to restore possession of the mortgaged property to the peti- tioner-bank, strictly in accordance with law, within fifteen days from the date of receipt of a certified copy of this order. 6. With the aforesaid direction, the instant writ petition is dis- posed of. (DR.NUPUR BHATI),J 128-pradeep/-