Authority: High Court at Calcutta (Constitutional Writ Jurisdiction)
Order Date: 09 July 2026
Case Overview
- Petition: WPA 14419 of 2026 filed by Sayan Chakraborty against Reserve Bank of India and respondents nos. 2‑4.
- Allegations: Respondents are attempting to take possession of 4 sataks of land that the petitioner did not mortgage; the loan amount outstanding exceeds ₹1.44 crore.
- Mortgage details: Petitioner had mortgaged only 38 sataks out of his total 42 sataks; the remaining 4 sataks are claimed to have been possessed without notice under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
- Procedural history: Possession notice issued on 18 June 2025, challenged via interlocutory application SA 86 of 2025; earlier possession attempt challenged before Debt Recovery Tribunal‑III, Kolkata, which remains pending.
- Evidence: Petitioner unable to produce any document or evidence proving that respondents have taken possession of the 4 sataks.
Final Outcome
- The Court directs respondents nos. 2‑4 not to dispose of, encumber, or create any third‑party right over the disputed property until 31 July 2026.
- The writ petition is disposed of without any order as to costs.
- Parties may obtain an urgent certified copy of the order on priority.
- Petitioner may approach the Debt Recovery Tribunal for further relief, including restitution of possession of the residential premises within the 4 sataks.
Topics: Legal Protection, Property Possession, Banking Loan Dispute