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2026 DAILYLAW 7624 (UTT)

SAVE HOUSING FINANCE LIMITED v. STATE OF UTTARAKHAND

WPMS/1968/2026 · 2026-07-06

Manoj Kumar Tiwari

body2026

Judgment text

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UKHC010110922026 2026:UHC:5371 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS/1968/2026 Save Housing Finance Limited --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Manoj Kumar Tiwari, J 1. Mr. Devansh Dhiman, learned counsel for the petitioner. 2. Mr. Suyash Pant, learned Additional C.S.C. for the State of Uttarakhand. 3. By means of this writ petition, petitioner has sought the following reliefs:- (i) Issue a writ, order or direction in the nature of mandamus, commanding the respondent no. 1 and 2 to forthwith comply with and execute the order dated 16.10.2025 passed by the of learned Chief Judicial Magistrate, Haridwar in Misc case no. 648 of 2025 under section 14 of the SARFESI Act, 2002 (Annexure No. 2). (ii) Issue a writ, order or direction directing Respondent no. 2 to take possession of the secured asset in term of the aforesaid order and hand over possession thereof to the petitioner/its authorized officer within a time period fixed by this Hon’ble Court. (iii) Issue a writ, order or direction directing respondent no. 2 to decide and act upon the petitioner’s representation dated 11.12.2025 (Annexure no. 3) and dated 18.03.2026 (Annexure No. 4). 4. In effect, petitioner wants enforcement of order passed by Chief UKHC010110922026 2026:UHC:5371 Judicial Magistrate, Haridwar in the proceedings under Section 14 of SARFAESI Act. 5. Learned State Counsel points out that petitioner should have approached before the Station House Officer of the concerned Police Station for police force and he should have deposited the requisite fee. He submits that instead of doing so, petitioner has rushed to this Court seeking a direction to Tehsildar to execute the order. 6. This Court finds substance in the said contention, instead of rushing to this Court, the proper course available to petitioner was to approach the Station House Officer concerned. 7. The writ petition is disposed of, accordingly, with liberty to petitioner to approach the Station House Officer concerned. If he makes application before Station House Officer concerned and deposits requisite fee, as determined by Station House Officer, then necessary steps shall be taken by Station House Officer, as per law, for implementing the order passed by Chief Judicial Magistrate, Haridwar. (Manoj Kumar Tiwari, J) 06.07.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.07.06 01:17:55 -07'00'