JANA SMALL FINANCE BANK LIMITED vs STATE OF RAJASTHAN

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HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10026/2026
URN: CW / 22352U / 2026
Jana Small Finance Bank Limited, Having Its Registered Office
At- Having Registered Office At The Fairway, Groiund And First
Floor, Survey No. 10/1, 11/2 And 12/2B, Off Domlur,
Koramangala Inner Ring Road, Challaghatta, Banglore 560071
Through Authorised Representative Mr. Gaurav Vyas.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
2. The Superintendent Of Police, Deeg, Rajasthan.
3. The Station Housing Officer, P.s. Brijnagar, Deeg.
4. Ballo S/o. Mr. Jalli, R/o. Sirthala, Bharatpur, Rajasthan -
321205.
5. Mr. Jalli S/o. Mr. Jugal, R/o. Sirthala, Bharatpur, Rajasthan
321205.
6. Mrs. Keshan W/o. Mr. Jalli, R/o. Sirthala, Bharatpur,
Rajasthan 321205.
----Respondents
Connected with
S.B. Civil Writ Petition No. 10027/2026
URN: CW / 22354U / 2026
Motilal Oswal Home Finance Limited, Having Its Registered
Office At- Having Its Registered Office At- Maotilal Oswal Tower,
Rahimtullah Sayani Road, Opp. Parel St. Depo Prabhadevi,
Mumbai-400025, And Branch Office 401,402,501,502 K J City
Tower, Ashok Marg, C-Scheme, Jaipur 302001 Through
Authorised Representative Mr. Vishan Singh.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
2. The Superintendent Of Police, Deeg, Rajasthan.
3. The Station Housing Officer, Ps - Sikri, Deeg.
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4. Nemwati, R/o. Palka, Nagar, Present District - Deeg,
Rajasthan 321024.
5. Shankar Singh, R/o. Palka, Nagar Present District -
Deeg, Rajasthan 321024.
----Respondents
S.B. Civil Writ Petition No. 10030/2026
URN: CW / 22362U / 2026
Jana Small Finance Bank Limited, Having Its Registered Office
At- Having Registered Office At The Fairway, Groiund And First
Floor, Survey No. 10/1, 11/2 And 12/2B, Off Domlur,
Koramangala Inner Ring Road, Challaghatta, Banglore 560071
Through Authorised Representative Mr. Gaurav Vyas.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
2. The Superintendent Of Police, Alwar, Rajasthan.
3. The Station Housing Officer, Ps Nogava, Alwar.
4. Mubeen Khan S/o. Kale Khan, R/o. Parawada, Alwar,
Rajasthan 301025.
5. Mrs. Faiman W/o. Mubeen Khan, R/o. Parawada, Alwar,
Rajasthan 301025.
----Respondents
S.B. Civil Writ Petition No. 10355/2026
URN: CW / 22994U / 2026
Jana Small Finance Bank Limited, Having Its Registered Office
At- Having Registered Office At The Fairway, Groiund And First
Floor, Survey No. 10/1, 11/2 And 12/2B, Off Domlur,
Koramangala Inner Ring Road, Challaghatta, Banglore 560071
Through Authorised Representative Mr. Gaurav Vyas.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
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2. The Superintendent Of Police, Alwar, Rajasthan.
3. The Station Housing Officer, Ps Trhanagaji, Alwar.
4. Mr. Gopi Sharma S/o. Mr. Mamraj Sharma, R/o. Village
Budhiyawas, Duhar Chaugan, Alwar.
5. Mrs. Ratni Devi W/o. Mr. Gopi Sharma, R/o. Village
Budhiyawas, Duhar Chaugan, Alwar.
----Respondents
S.B. Civil Writ Petition No. 10356/2026
URN: CW / 22996U / 2026
Jana Small Finance Bank Limited, Having Its Registered Office
At- Having Registered Office At The Fairway, Groiund And First
Floor, Survey No. 10/1, 11/2 And 12/2B, Off Domlur,
Koramangala Inner Ring Road, Challaghatta, Banglore 560071
Through Authorised Representative Mr. Gaurav Vyas.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
2. The Superintendent Of Police, Deeg, Rajasthan.
3. The Station Housing Officer, Ps Janoothar, Deeg.
4. Mr. Munesh S/o. Mr. Ramesh, R/o. Taraduar, Bharatpur -
321205.
5. Mrs. Aneeta W/o. Mr. Munesh, R/o. Taraudar, Bharatpur
321205.
----Respondents
S.B. Civil Writ Petition No. 10357/2026
URN: CW / 22999U / 2026
Jana Small Finance Bank Limited, Having Its Registered Office
At- Having Registered Office At The Fairway, Groiund And First
Floor, Survey No. 10/1, 11/2 And 12/2B, Off Domlur,
Koramangala Inner Ring Road, Challaghatta, Banglore 560071
Through Authorised Representative Mr. Gaurav Vyas.
----Petitioner
Versus
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1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
2. The Superintendent Of Police, Deeg, Rajasthan.
3. The Station Housing Officer, Ps Janoothar, Deeg.
4. Mr. Peetam Singh S/o. Raghunath, R/o. Tarondur, Deeg
321205.
5. Mrs. Satto W/o. Mr. Peetam Singh, R/o. Tarondur, Deeg
321205.
----Respondents
S.B. Civil Writ Petition No. 10358/2026
URN: CW / 23001U / 2026
Jana Small Finance Bank Limited, Having Its Registered Office
At- Having Registered Office At The Fairway, Groiund And First
Floor, Survey No. 10/1, 11/2 And 12/2B, Off Domlur,
Koramangala Inner Ring Road, Challaghatta, Banglore 560071
Through Authorised Representative Mr. Gaurav Vyas.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
2. The Superintendent Of Police, Deeg, Rajasthan.
3. The Station Housing Officer, Ps Jaluki, Deeg.
4. Mr. Omveer S/o. Roshan, R/o. Village Morarka, Manota
Kalan, Tehsil Nagar, Deeg.
5. Mrs. Omvati W/o. Mr. Omveer, R/o. Village Morarka,
Manota Kalan, Tehsil Nagar, Deeg.
----Respondents
S.B. Civil Writ Petition No. 10368/2026
URN: CW / 23015U / 2026
Jana Small Finance Bank Limited, Having Its Registered Office
At- Having Registered Office At The Fairway, Groiund And First
Floor, Survey No. 10/1, 11/2 And 12/2B, Off Domlur,
Koramangala Inner Ring Road, Challaghatta, Banglore 560071
Through Authorised Representative Mr. Gaurav Vyas.
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----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
2. The Superintendent Of Police, Alwar, Rajasthan.
3. The Station Housing Officer, Ps Tehla, Alwar.
4. Mrs. Anju Bai Meena W/o. Mr. Mangal Ram Meena, R/o.
Pai Ka Guvada, Beegotha, Alwar.
5. Mr. Mangal Ram Meena S/o. Me. Rajpal Meena, R/o. Pai
Ka Guvada, Beegotha, Alwar.
6. Mr. Rajpal Meena S/o. Mr. Panchu Ram, R/o. Pai Ka
Guvada, Beegotha, Alwar
----Respondents
S.B. Civil Writ Petition No. 10375/2026
URN: CW / 23026U / 2026
Jana Small Finance Bank Limited, Having Its Registered Office
At- Having Registered Office At The Fairway, Groiund And First
Floor, Survey No. 10/1, 11/2 And 12/2B, Off Domlur,
Koramangala Inner Ring Road, Challaghatta, Banglore 560071
Through Authorised Representative Mr. Gaurav Vyas.
----Petitioner
Versus
1. State Of Rajasthan, Through The Secretary Of
Department Of Home, Jaipur, Rajasthan.
2. The Superintendent Of Police, Beawar, Rajasthan.
3. The Station Housing Officer, Ps Sadar, Beawar.
4. Mr. Kailash Mali S/o. Mr. Chandra Mali, R/o. Village
Devgarh, Tehsil Masuda, District Beawar 305202.
5. Mrs. Meera W/o. Mr. Kailash Mali, R/o. Village Devgarh,
Tehsil Masuda, District Beawar 305202.
----Respondents
For Petitioner(s) : Mr. Akhilesh Pareek, Adv.
Mr. Punit Mathur, Adv.
For Respondent(s) : Mr. Somitra Chaturvedi, Dy. GC
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Ms. Devakriti Vashistha, AAAG & Ms.
Sunita Meena, AGC for
Mr. Bhuwnesh Sharma, AAG
HON'BLE MR. JUSTICE ANAND SHARMA
Judgment
Reportable
30/06/2026
1. Since all the above writ petitions involve almost
identical facts, grievances and causes of action, therefore, with
the consent of learned counsel for the parties, the above writ
petitions were heard together and are being decided by this
common order.
2. For the sake of convenience facts stated in S.B. Civil
Writ Petition No.10026/2026 (Jana Small Finance Bank Limited Vs.
State of Rajasthan & Ors.) have been taken into consideration.
3. Uncontroverted facts are that the petitioner is a
financial institution duly registered under the provisions of
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (for short 'the Act of
2002'). Private respondents availed financial assistance by
mortgaging the secured asset. However, private respondents
utterly failed to repay the loan as per time schedule fixed,
therefore, under these circumstances, the petitioner financial
institution invoked provisions of Section 13 of the Act of 2002 and
even after recall of the loan amount when borrowers did not repay
the loan, proceedings under Section 13(4) of the Act of 2002 were
undertaken.
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4. Thereafter, the petitioner financial institution filed an
application under Section 14 of the Act of 2002 before the District
Magistrate, Deeg to assist the secured creditor in taking
possession of the secured asset. The application filed by the
petitioner was allowed by the District Magistrate vide order dated
16.09.2025, whereby the petitioner Finance Company was held
entitled for taking physical possession of the secured asset and
even directions were given for granting police assistance to the
petitioner company for taking possession of the secured asset.
5. Thereafter, with the aid of police authorities physical
possession of secured asset was taken and handed over to the
petitioner company.
6. It is the case of petitioner company that although,
pursuant to order passed by the District Magistrate under Section
14 of the Act of 2002 physical possession of secured asset was
validly handed over to the petitioner Finance Company, yet in
quite dishonest and malafide manner, the borrowers have
unauthorizedly re-entered in the premises for secured asset which
is nothing but over reaching the process of law. Hence, this writ
petition has been filed by the petitioner seeking direction against
the Superintendent of Police and S.H.O. of concerned Police
Station for ensuring restoration of possession of the secured asset
to the petitioner as well as to take other necessary action under
the law.
7. It is also submitted by Shri Akhilesh Pareek, learned
counsel for the petitioner that under the aforesaid circumstances
where the borrowers have forcefully entered into the secured
asset, despite the possession thereof was lawfully handed over to
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the petitioner under the order of District Magistrate under Section
14 of the Act of 2002, hence valuable rights of the petitioner
Finance Company are being infringed and respondent Nos.2 and 3
are under legal obligation to protect such rights to the petitioner.
8. Mr. Somitra Chaturvedi, Deputy Government Counsel
appearing for Police Department seriously opposed the writ
petition and submitted that the petitioner has got alternative
efficacious remedy under the Act of 2002 itself, therefore, the writ
petition filed by the petitioner is not maintainable and rather the
petitioner can seek appropriate directions from the concerned
Magistrate, who has passed initial order under Section 14 of the
Act of 2002.
9. In rejoinder, learned counsel for the petitioner
submitted that jurisdiction of Magistrate under Section 14 is
administrative in nature and not adjudicatory hence repeated
orders under Section 14 of the Act of 2002 are neither
permissible, nor desirable under the circumstances and once the
order was passed by the concerned Magistrate under Section 14,
the respondents Police Authorities are duty bound to protect the
possession of the petitioner over the secured asset.
10. Heard the rival contentions advanced by learned
counsel for the parties and perused the material on record.
11. Core questions involved in these matters is that once
the District Magistrate/Chief Metropolitan Magistrate issues
directions under Section 14 of the Act of 2002 directing for taking
physical possession of the secured asset with the police assistance
and pursuant thereto, possession is also handed over to the
secured creditor, a writ petition under Article 226 of the
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Constitution of India would be maintainable or not, in the event
the borrower forcibly re-enters the secured asset in violation of
such order, or whether an alternative remedy is available under
the provisions of the Act of 2002.
12. Since, the controversy revolves around the provisions
of Section 14(1) and (2), relevant portion thereof is being
reproduced hereunder:-
" 14. Chief Metropolitan Magistrate or District
Magistrate to assist secured creditor in taking
possession of secured asset.— (1) Where the possession of
any secured assets is required to be taken by the secured
creditor or if any of the secured assets is required to be sold
or transferred by the secured creditor under the provisions of
this Act, the secured creditor may, for the purpose of taking
possession or control of any such secured assets, request, in
writing, the Chief Metropolitan Magistrate or the District
Magistrate within whose jurisdiction any such secured asset
or other documents relating thereto may be situated or
found, to take possession thereof, and the Chief Metropolitan
Magistrate or, as the case may be, the District Magistrate
shall, on such request being made to him—
(a) take possession of such asset and documents
relating thereto; and
(b) forward such asset and documents to the secured
creditor:
1
[Provided that any application by the secured creditor
shall be accompanied by an affidavit duly affirmed by
the authorised officer of the secured creditor, declaring
that—
(i) the aggregate amount of financial assistance
granted and the total claim of the Bank as on the
date of filing the application;
(ii) the borrower has created security interest over
various properties and that the Bank or Financial
Institution is holding a valid and subsisting
security interest over such properties and the
claim of the Bank or Financial Institution is within
the limitation period;
(iii) the borrower has created security interest over
various properties giving the details of properties
referred to in sub-clause (ii) above;
(iv) the borrower has committed default in repayment
of the financial assistance granted aggregating the
specified amount;
(v) consequent upon such default in repayment of the
financial assistance the account of the borrower
has been classified as a non-performing asset;
(vi) affirming that the period of sixty days notice as
required by the provisions of sub-section (2) of
section 13, demanding payment of the defaulted
financial assistance has been served on the
borrower;
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(vii) the objection or representation in reply to the
notice received from the borrower has been
considered by the secured creditor and reasons for
non-acceptance of such objection or
representation had been communicated to the
borrower;
(viii) the borrower has not made any repayment of the
financial assistance in spite of the above notice
and the Authorised Officer is, therefore, entitled to
take possession of the secured assets under the
provisions of sub-section (4) of section 13 read
with section 14 of the principal Act;
(ix) that the provisions of this Act and the rules made
thereunder had been complied with:
Provided further that on receipt of the affidavit from the
Authorised Officer, the District Magistrate or the Chief
Metropolitan Magistrate, as the case may be, shall after
satisfying the contents of the affidavit pass suitable
orders for the purpose of taking possession of the
secured assets1 [within a period of thirty days from the
date of application]:
1 2
[Provided [also] that if no order is passed by the Chief
Metropolitan Magistrate or District Magistrate within the
said period of thirty days for reasons beyond his
control, he may, after recording reasons in writing for
the same, pass the order within such further period but
not exceeding in aggregate sixty days.]
Provided also that the requirement of filing affidavit
stated in the first proviso shall not apply to proceeding
pending before any District Magistrate or the Chief
Metropolitan Magistrate, as the case may be, on the
date of commencement of this Act.]
3
[(1A) The District Magistrate or the Chief Metropolitan
Magistrate may authorise any officer subordinate to him,—
(i) to take possession of such assets and documents
relating thereto; and
(ii) to forward such assets and documents to the
secured creditor.]
(2) For the purpose of securing compliance with the
provisions of sub-section (1), the Chief Metropolitan
Magistrate or the District Magistrate may take or cause to be
taken such steps and use, or cause to be used, such force, as
may, in his opinion, be necessary."
13. Bare perusal of the aforesaid provisions would make it
clear that under Section 14(1) necessary orders can be passed by
the Chief Metropolitan Magistrate or District Magistrate, as the
case may be for the purpose of taking possession of the secured
asset. Section 14(2) of the Act further provides that for the
purpose of securing compliance with the provisions of sub-section
(1) the Chief Metropolitan Magistrate or District Magistrate may
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direct for taking necessary steps or cause to be used force which
in his opinion is necessary.
14. The expression "for the purpose of securing compliance
with the provisions of sub-section (1)" is apparently having wide
amplitude and cannot be interpreted in a narrow manner. Once
possession is handed over under the orders of concerned
Magistrate under Section 14, it would essentially mean the right of
secured creditor to continue such possession which is an integral
part of proceedings under Section 14. Section 14(2) of the Act of
2002 would also make it clear that such provision confers enabling
power upon the concerned Magistrate for ensuring compliance of
any order passed by the Magistrate under Section 14. If
possession delivered under the Magistrate's authority is
subsequently disturbed by force or trespass, the Magistrate's
power under Section 14(2) can reasonably be construed as
extending to restoration of status quo ante, so that the original
order is not frustrated.
15. This Court finds that after passing order under Section
14 for taking over possession of the secured asset and handing
over the same to the secured creditor, concerned Magistrate does
not become functus officio and the apprehension of the petitioner
that after passing initial order under Section 14 of the Act of 2002,
concerned Magistrate is rendered powerless, is totally
misconceived and is misinterpretation of clear language of Section
14(2) of the Act of 2002. In view of the language of the aforesaid
provision, it is clear that the concerned Magistrate is having power
not only to take possession through police assistance of the
secured asset, but power is also vested with him for passing
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subsequent orders for ensuring the compliance of earlier order
passed by the Magistrate. Any other interpretation of the aforesaid
provision is likely to frustrate the proceedings under Section 14
and to render the powers conferred to the concerned Magistrate
as meaningless and ineffective.
16. Under these circumstances, this Court is of the opinion
that ensuring compliance of the order earlier passed under Section
14 is also integral and indispensable part of powers conferred to
the Magistrate under Section 14(2) of the Act of 2002, in case, the
borrower or any other person violates the directions given by the
concerned Magistrate under Section 14 and unauthorizedly re-
enters in the premises of secured asset then the aggrieved
secured creditor is well within its right to approach the concerned
Magistrate by way of filing an application under Section 14(2) of
the Act of 2002 with a prayer to secure compliance of earlier order
passed by the Magistrate. Such application shall be examined in
accordance with law by the concerned Magistrate and appropriate
orders for securing compliance of the earlier order can be passed.
Thus this Court, on the basis of foregoing discussion, comes to the
conclusion that the petitioners are having efficacious remedy
under the provisions of Section 14(2) of the Act of 2002 before
the concerned Magistrate.
17. In the instant cases, admittedly the petitioners have
not approached the concerned Magistrate by way of filing any such
application under Section 14 (2) of the Act of 2002. This Court
finds that under such circumstances, the present writ petitions
filed by the petitioners are totally premature and not
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maintainable. In view foregoing discussions, the writ petitions filed
by the petitioner can not be entertained and are hereby dismissed.
18. However, mere dismissal of the present writ petitions
shall not curtail rights of the petitioner financial institution to
approach the concerned Magistrate by way of filing an application
under Section 14(2) for securing compliance of earlier order
passed by the Magistrate under Section 14. Any such proceedings
shall be treated in continuation to the earlier proceedings under
Section 14 of the Act of 2002. The concerned Magistrate, upon
filing of such application, shall examine the contents of the
application and shall pass appropriate orders strictly in accordance
with law, for securing compliance of its earlier order passed by the
concerned Magistrate for the purpose of taking possession of the
secured asset and to hand over such possession to the secured
creditor. In the event, any such application is filed, same shall be
decided expeditiously by the concerned Magistrate.
19. Office is directed to place a copy of this order on record
of each writ petitions.
20. Pending application(s), if any, stand(s) disposed of.
(ANAND SHARMA),J
18,19,22,26-31/Jatin
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