WP(C)/6743/2025 of UCO BANK Vs THE STATE OF ASSAM AND 6 ORS on 17 May 2026

ORDER

Date : 18/05/2026 (Michael Zothankhuma, J)

1. Heard Mr. M. Sharma, learned Counsel for the petitioner Bank and Mr. S. Baruah, learned Government Advocate, Assam, appearing for respondent nos. 2, 3 & 5 and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department, appearing for respondent no. 1.

2. The petitioner's case is that despite the order dated 26/08/2025, issued by the Additional District Magistrate, Dimoria Co-District, Sonapur, directing the Executive

Magistrate, Dimoria Co-District, to depute and oversee law and order issues during taking over possession of the secured assets/properties by the UCO Bank, which has been wrongly mentioned as Assam Financial Corporation Authority, the respondents have not done the same till date.

3. The order which has not been acted upon i.e. the order dated 26/08/2025, passed by the Additional District Magistrate, Dimoria Co-District, Sonapur, states as follows :- “Seen and perused the letter received from the Authorized Officer, UCO Bank, Silpukhuri Branch, Guwahati vide letter dated 11/03/2025, U/S 14 of SARFAESI, Act and rule, 2002 against the borrower Mrs. Momi Dowerah, W/o- Mr. Partha Jyoti Dowerah. Accordingly, Sri Hirak Jyoti Saikia, ACS, Executive Magistrate, Dimoria Co-District is hereby deputed to oversee Law and Order during taking over the possession of the following secured assets by the Assam Financial Corporation Authority as per provision of SFC'S Act. 1951.

DESCRIPTION OF THE SECURED PROPERTY Name of the Borrower: Mrs. Momi Dowerah W/o- Mr. Partha Jyoti Dowerah Schedule or Property: Equitable mortgage of a residential flat measuring built up area 1504 Sq. ft (Super built up area 1880 Sq. ft. approximately) being Flat No.9 - C in the Block No.A of RCC building "IDEAL HILL VIEW" with undivided proportionate share of land measuring 04 lechas with one open car parking space No.9-C standing over a plot of land measuring more or less 11B-02K-07L covered by Dag no- 695,696 and 698 of K.P Patta No. 88 within Revenue village- Birkuchi Mouza- Beltola revenue circle Dispur, Guwahati, Assam, property in the name Mrs. Momi Dowerah W/o- Mr. Partha Jyoti Dowerah. The holder of the secured assets shall be solely liable for any and all statutory/legal liabilities including providing information under Right to information Act, if need be etc. As per section 14(3) of SARFAESI Act, "No act of the District Magistrate done in pursuance of this section shall be called in questioning any court or before any authority.

This has the approval of the Addl. District Magistrate. Dimoria Co-District, Sonapur in e-file No, MJ-36/152/2025-MAG-CD(DIM), Dated: 26/08/2025”

4. Subsequent to the order dated 26/08/2025 issued by the Additional District Magistrate, Dimoria Co-District, Sonapur, the Deputy Commissioner of Police (A) Guwahati had written a letter dated 08/10/2025, which is addressed to the Assistant Commissioner of Police (Reserve), Guwahati, which states as follows:- “Sub:- DETAILMENT OF POLICE ESCORT PARTY. Ref:- No. Nil, Dtd. 03.10.2025 With reference to the subject & Memo No. cited above, the force assessment has done by the Officer-In-Charge, Noonmati P.S. and request to provide SI(UB) - 02Nos., Arms Force - 12 Nos., with WPC-10 Nos. and UBC - 10 Nos., on 09.10.2025 at 09:00 AM for maintaining law & order situation during taking over physical possession of the secured assets of borrower Mrs. Momi Dowerah, W/O Mr. Partha Jyoti Dowerah. The details of the secured assets-A residential flat measuring 1504 sq.ft., Flat No. 9C, Block-A of RCC building IDEAL HILL VIEW with undivided share of land measuring 04 Lechas with car parking standing over a plot of land measuring 11B-02K-07L covered by Dag No 695,696 and 698 of K.P. Patta No 88 situated at Birkuchi under mouza Beltola, Kamrup (M), Guwahati, property in the name of Mrs. Momi Dowerah, W/O Mr. Partha Jyoti Dowerah. In this regard, you are requested to arrange to provide the above mentioned police personnel in consultation with Deputy Commissioner of Police, Central Guwahati Police District & the Officer-In-Charge, Noonmati Police Station and also confirm whether it is known to Commissioner of Police, Guwahati or not. The party has already deposited the cost of Police Escort.”

5. In view of the order dated 26/08/2025 issued by Additional District Magistrate, Dimoria Co-District, Sonapur, the respondents are directed to comply with the above order dated 26/08/2025 and letter dated 08/10/2025, issued by the Deputy Commissioner of Police (A), Guwahati, within a period of 6 (six) weeks from the date of receipt of a certified copy of this order.

6. The writ petition is accordingly disposed of.

JUDGE JUDGE

Comparing Assistant