Allahabad High Court
TATA HOUSING FINANCE LTD.versusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The court directed the respondent to provide physical possession of the secured asset in compliance with the earlier order, thereby disposing of the petition.
Summary
Tata Housing Finance Ltd. filed a writ petition under Article 226 seeking a mandamus directing the State of U.P. (respondent No.3) to pass an order and hand over physical possession of a secured asset in a SARFAESI Act case (Case No. 5084 of 2025). The petition relied on the Supreme Court’s earlier decision in Hinduja Housing Finance Ltd. v. State of U.P. (Writ‑C‑42608/2025). The State’s standing counsel raised no objection to disposing of the petition in line with that precedent. The Allahabad High Court disposed of the petition, directing respondent No.3 to comply with the Additional District Magistrate’s order dated 07‑02‑2025 under Section 14 of the SARFAESI Act. The court emphasized strict adherence to its earlier directions.
Issues considered
- Whether the respondent State of U.P. should be directed to pass an order and provide physical possession of the secured asset under Section 14 of the SARFAESI Act.
- Whether the precedent set in Hinduja Housing Finance Ltd. v. State of U.P. is applicable to the present petition.
Legislation cited
- SARFAESI Act, 2002 — s. 14
Subjects
- SARFAESI Act
- mandamus
- physical possession
- secured asset
- Article 226
- housing finance
- writ jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 17329 of 2026
Tata Housing Finance Ltd.
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Shukla, Nilesh Kesharwani
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard learned counsel for the petitioner and Sri Mukul Tripathi,
learned Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution,
petitioner has prayed for a writ of mandamus to direct the respondent no.
3 to pass appropriate order on the Case No. 5084 of 2025 (Computerized
Case No. D202506370005084) "Tata Capital Housing Finance Ltd. Vs
Dheeraj Kannaujiya and Others", filed under Section 14 of the
SARFAESI Act, 2002, by the petitioner in the Court of ADM (F&R)
Jhansi in accordance with law in a time bound manner in the light of the
law laid down by this Court in the case of M/s Hinduja Housing
Finance Ltd. v. State of U.P. and 3 others in Writ - C No.- 42608 of
2025 decided on 12th January, 2026.
3. Learned Standing Counsel does not have any objection in the event
petition stands disposed of in terms of the order passed in the case of M/s
Hinduja Housing Finance Ltd. (supra).
4. In view of the above, we dispose of this petition with a direction to the
respondents no. 3 to provide physical possession of the secured asset to
the petitioner in compliance of the order passed by the Learned
Additional District Magistrate (Finance and Revenue), District
Bulandshahr on 07.02.2025 under Section 14 of the SARFAESI Act,
2002 in the light of directions issued by this Court in the case of M/s
Hinduja Housing Finance Ltd. (supra).
WRIC No. 17329 of 2026
2
5. It is expected from said authority that it is strictly adhering to the
directions of this Court in the said case in this matter as well.
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
May 5, 2026
IrfanUddin
Digitally signed by :-
IRFAN UDDIN SIDDIKI
High Court of Judicature at Allahabad
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