Rajasthan High Court - Jodhpur
Au Small Finance Bank Ltd vs Charbhujanath/Chamunda Traders ... on 23 January, 2026
[2026:RJ-JD:4303]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1527/2026
Au Small Finance Bank Ltd, Having Its Office At 5Th Floor,
Shantivan Building, Sardarpura, Jodhpur.
----Petitioner
Versus
1. Charbhujanath/chamunda Traders, Through Proprietor
Prahlad Maheshwari R/o Of Sadar Bazar Main Road
Danpur District Banswara.
2. Prahalad Maheshwari S/o Babulal, R/o Of Sadar Bazar
Main Road Danpur District Banswara.
3. Akhlesh Totla S/o Prahlad Maheshwari, R/o Of Sadar
Bazar Main Road Danpur District Banswara.
4. Rinki Maheshwari W/o Nitin Totla, R/o Of Sadar Bazar
Main Road Danpur District Banswara.
5. Nitin Totla S/o Prahlad Maheshwari, R/o Of Sadar Bazar
Main Road Danpur District Banswara.
6. Superintendent Of Police, Banswara.
7. Station House Officer, Police Station Danpur District
Banswara.
8. District Collector-Cum-District Magistrate, Collectorate,
Banswara.
----Respondents
For Petitioner(s) : Mr. Vijay Purohit
For Respondent(s) : --
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order 23/01/2026
1. The present writ petition has been filed with the following reliefs:-
"It is, therefore, most respectfully and humble prayed that by an appropriate writ, order or direction:
I. The present writ petition may kindly be allowed.
(Uploaded on 23/01/2026 at 05:47:35 PM) (Downloaded on 23/01/2026 at 09:56:12 PM) [2026:RJ-JD:4303] (2 of 4) [CW-1527/2026] II. The possession of the secured/mortgaged, property, be restored back to the petitioner-Bank.
III. The respondent police authorities may be directed to take the possession from the private respondents and restore back the possession to the petitioner-Bank. That respondent police authorities be further directed to take up strict and stringent criminal case/proceedings against the private respondent and every member responsible for the said illegal acts.
IV. Heavy cost may be ordered against the private respondents including every member of unlawful assemble responsible for violating the orders of this hon'ble court and further assaulting the rule of law in the facts and circumstances of the case.
V. Appropriate compensation with regard to the forcible possession taken by the private respondent may also be awarded in favour of the petitioner-Bank."
2. Learned counsel for the petitioner submits that the controversy raised in the present writ petition is identical to the one which was earlier raised in S.B. Civil Writ Petition No.18201/2025 (Au small Finance Bank Ltd. Vs. Chandra Prakash & Ors.) wherein this Court vide order dated 20.09. 2025disposed of the writ petition in light of order dated 17.09.2025 passed in S.B. Civil Writ Petition No.17796/2025 (Au Small Finance Bank Led. Vs. Harkamaljeet Singh Ors.). He further submits that same directions as issued in S.B. Civil Writ Petition No.18201/2025 may be passed in the present writ petition.
3. In S.B. Civil Writ Petition No.18201/2025, this Court has observed as under:-
"4. In view of the submissions made above, the present writ petition is disposed of in the same terms as Au Small Finance Bank Ltd. (supra).
5. It is directed to the Commissioner of Police, Jodhpur and SHO, Jhanwar, Distt. Jodhpur to act immediately (Uploaded on 23/01/2026 at 05:47:35 PM) (Downloaded on 23/01/2026 at 09:56:12 PM) [2026:RJ-JD:4303] (3 of 4) [CW-1527/2026] take appropriate action for restoring the possession of the mortgaged property to the bank, in accordance with law. This Court is compelled to observe that if the petitioner is not allowed to take possession of the said property, it will amount to clear case of defiance of law and, therefore, the Commissioner of Police, Jodhpur and SHO, Jhanwar, Distt. Jodhpur are under an obligation to act in consonance with the provisions of law for restoring the possession of the petitioner in the circumstance since the petitioner has already approached them.
6. It is expected from the Commissioner of Police, Jodhpur and SHO, Jhanwar, Distt. Jodhpur that appropriate action for restoring the possession of the mortgaged property in favour of the petitioner- Bank shall be taken by them within a period of fifteen days from the date of receipt of certified copy of this order."
4. In view of the submissions made above, the present writ petition is disposed of in the same terms as S.B. Civil Writ Petition No.18201/2025.
5. It is directed to the Superintendent of Police, Banswara and SHO, Danpur, Distt. Banswara to act immediately take appropriate action for restoring the possession of the mortgaged property to the bank, in accordance with law. This Court is compelled to observe that if the petitioner is not allowed to take possession of the said property, it will amount to clear case of defiance of law and, therefore, the Superintendent of Police, Banswara and SHO, Danpur, Distt. Banswara are under an obligation to act in consonance with the provisions of law for restoring the possession of the petitioner in the circumstance since the petitioner has already approached them.
(Uploaded on 23/01/2026 at 05:47:35 PM) (Downloaded on 23/01/2026 at 09:56:12 PM) [2026:RJ-JD:4303] (4 of 4) [CW-1527/2026]
6. It is expected from the Superintendent of Police, Banswara and SHO, Danpur, Distt. Banswara that appropriate action for restoring the possession of the mortgaged property in favour of the petitioner- Bank shall be taken by them within a period of fifteen days from the date of receipt of certified copy of this order.
7. Stay petition also stands disposed of accordingly.
(SUNIL BENIWAL),J 21-Ashutosh/-
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