Authority: Uttarakhand High Court, Hon'ble Justice Manoj Kumar Tiwari

Order Date: 16 September 2026

Case Overview

  • Petitioner: Mrs Jyoti, seeking relief against the State of Uttarakhand and others.
  • Respondents: State of Uttarakhand, Canara Bank (Authorized Officer) and other respondents.
  • Writ petition WPMS/2690/2026 challenged a possession notice dated 28‑01‑2026 issued under Section 13(4) of the SARFAESI Act, 2002.
  • Petitioner asserted she never borrowed from Canara Bank nor acted as guarantor; a possession notice was affixed on her property in Dehradun district.
  • Bank counsel produced an email from the Regional Office, Recovery Section, Dehradun indicating the notice was wrongly issued and that the competent authority decided to withdraw it.

Final Outcome

  • The Court set aside the possession notice dated 28‑01‑2026.
  • Issued a writ of certiorari and mandamus directing respondents not to interfere with the petitioner’s peaceful possession of the property.
  • Awarded costs of Rs 5,000 to be paid to the petitioner through her counsel within one week.

Topics: Legal Relief, Banking Regulation, SARFAESI Act