1 2025:CGHC:9807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1095 of 2025 1 - Indian Bank, Through Authorised OfÏcer, Manohar Lal Sahu S/o T.S. Sahu, Aged About 38 Years, OfÏce At Indian Bank, Sector 6, Bhilai, Durg District Durg, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Atal Nagar, Mahanadi Bhawan, Raipur, District Raipur (C.G.) 2 - The Commissioner, Durg District Durg, Chhattisgarh. 3 - The Collector-Cum-District Magistrate, Balod, District Balod, Chhattisgarh 4 - The Sub Divisional OfÏcer, Dondi Lohara, Balod, District Balod, Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.02.28 17:26:40 +0530 2 5 - The Tehsildar, Marri Bangla, Devri, Balod, District Balod, Chhattisgarh 6 - The Superintendent Of Police, Balod, District Balod, Chhattisgarh 7 - The Station House OfÏcer, Police Station- Dondi Lohara, Balod, District Balod, Chhattisgarh 8 - Posendra Kumar Sinha S/o Ram Bharosa Sinha R/o Village Sorali, Tehsil Dondi Lohara, Balod, District Balod, Chhattisgarh 9 - Vahishesh Kumar Sinha S/o Posendra Kumar Sinha R/o Village Sorali, Tehsil Dondi Lohara, Balod, District Balod, Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Saket Pandey, Advocate. For Respondents No. 1 to 7/State : Ms. Anuja Sharma, Panel Lawyer. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 27.02.2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondent no. 3, 4, 5 & 7 to take action against the respondent nos. 8 & 9, as the respondent nos. 8 & 9 has forcefully again taken back the possession handed over to the petitioner by 3 the District Magistrate by exercising power under Section 14 of the SARFAESI Act, 2002. 2. Learned counsel for the petitioner would submit that on an application under Section 14 of the SARFAESI Act, 2002 moved by the petitioner the District Magistrate vide its order dated 27.05.2024 passed an order to obtain the possession of the property from respondent no. 8 & 9 and subsequently the possession has been handed over by the Tehsildar on 12.11.2024, but after the handing over of the possession of the property in question, the respondent no. 8 & 9 again forcefully entered into the property in question in an illegal and arbitrary manner which was reported to the various authorities including the respondent no. 3, 4, 5 & 7, however no action has been taken by the said authority till date. 3. Learned counsel for the State would submit that, it appears from (Annexure P/4) that the application has been submitted by the petitioner raising his grievance against the respondent no. 8 & 9, who have entered into the property in question, in spite of handing over of the possession pursuance to Section 14 of the SARFAESI Act, 2002. If the said application has been received by the respondent authorities they shall take appropriate steps in accordance with law. 4. I have heard both the counsels for the parties and perused the order of the District Magistrate dated 27.05.2024 and pleadings of the petitioner including the representation submitted by the petitioner (Annexure P/4). 4 5. If the petitioner approach the respondent no. 4/SDO with the grievance which has been mentioned in the representation (Annexure P/4), the SDO shall take necessary steps and take action against the respondent no. 8 & 9 on the representation submitted by the petitioner within a period of 10 days from the receipt of the order of this Court. The petitioner is at liberty to apprise the respondent no. 4 about the order of this Court. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib