Madhya Pradesh High Court
Pnb Housing Finance Limited vs Additional Collector on 14 May, 2026
Author: Anand Pathak
Bench: Anand Pathak
NEUTRAL CITATION NO. 2026:MPHC-JBP:39047
1 WP-38043-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 14th OF MAY, 2026
WRIT PETITION No. 38043 of 2025
PNB HOUSING FINANCE LIMITED
Versus
ADDITIONAL COLLECTOR AND OTHERS
Appearance:
Shri Rahul Dubey and Shri Vedant Agrawal - Advocate for the
petitioner.
Shri Darshan Soni - Government Advocate for the respondent Nos. 1
to 3/State.
ORDER
Per: Justice Anand Pathak With consent, heard finally.
The present petition is preferred under Article 226 of the Constitution of India seeking the following reliefs:-
"(i) This Hon'ble Court may be please to direct the Respondent No. 2 to comply with the order dated 18.09.2020 passed by Respondent No. 1 (the Additional District Collector, North Bhopal,) within 15 days and provide possession of the immovable property to the Petitioner F.I.
(ii) This Hon'ble Court may be please to direct Respondent No. 1 to 3, to take appropriate action against Respondent No 4 & 5.
(iii) This Hon'ble Court may be pleased to pass such further order or orders as this Hon'ble Court may deem Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 15-05-2026 17:38:59 NEUTRAL CITATION NO. 2026:MPHC-JBP:39047
2 WP-38043-2025 fit.
(iv) Cost of this proceeding may kindly be awarded."
2. Precisely stated facts of the case are that petitioner is a secured creditor (Housing Finance Company) and registered under the Companies Act, 1956 licensed by National Housing Bank (NHB) and regulated by Reserved Bank of India. It is a notified company under the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act of 2002') by Ministry of Finance on 10.11.2003.
3. Respondents no.4 and 5 (borrowers) took a loan from petitioner and defaulted. Proceedings under Sections 13 and 14 of the Act of 2002 were culminated into handing over of possession to petitioner. However, the physical possession was resisted by private respondents. Therefore, with the assistance of Tahsildar and police force, possession was taken on 07.03.2025.
4. It appears from the pleadings that respondents no.4 and 5 on next day forcibly re-entered into the premises, which was earlier under the possession of petitioner. This forcible possession compelled petitioner to file instant petition.
5. It is a submission of learned counsel for petitioner that petitioner in view of action of respondents no.4 and 5 whereby forcible possession is taken again by them, requires assistance of District Administration/police so that the premises can be vacated from respondents no.4 and 5 and possession be handed over to petitioner again. In support of submissions, he has relied upon the Division Bench order of this Court (Bench at Gwalior) in the case o f Cholamandalam Investment and Finance Company Ltd. vs. The District Magistrate, District Gwalior & Others as reported in 2025(4) MPLJ 517 it is Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 15-05-2026 17:38:59 NEUTRAL CITATION NO. 2026:MPHC-JBP:39047 3 WP-38043-2025 held that petition is maintainable if filed at the instance of secured creditor to get repossession over the premises/land recaptured by borrower/guarantor.
6. Learned counsel for respondents no.1 to 3/State could not dispute the passing of said order and fairly submitted that if any application/representation is preferred, the same shall be taken care of as per law.
7. Considering the submissions and going through the order of Division Bench (Bench at Gwalior) passed in the case of Cholamandalam (supra), this Court intends to tread on the same path.
8 . Resultantly, petition is disposed of with a direction to the respondents/State to ensure that possession to the secured creditor be handed over from respondents no.4 and 5 without delay.
9. With the aforesaid, this petition is disposed of.
(ANAND PATHAK) (B. P. SHARMA)
JUDGE JUDGE
skt
Signature Not Verified
Signed by: SANTOSH
KUMAR TIWARI
Signing time: 15-05-2026
17:38:59