1 2025:CGHC:11952 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1337 of 2025 1 - Bank Of Baroda Through Authorised Officer, Chief Manager, Sanjay Garg, S/o - Late Shri Ramesh Chand Garg, Aged About 56 Years, Office At Bank Of Baroda, R.O.S.A.R.B., Raipur, District Raipur, 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 Collector- Cum- District Magistrate Raipur, District Raipur, Chhattisgarh 3 - The Tehsildar Tehsil Raipur, Raipur, District Raipur, Chhattisgarh 4 - The Superintendent Of Police Raipur, District Raipur, Chhattisgarh 5 - The Sub Divisional Magistrate Raipur, District Raipur, Chhattisgarh 6 - Ajay Sharma R/o- Gali No. 03, Shri Gonda Rama Chaya, Near New V.L.M. School, Om Society Road, Sundar Nagar, Raipur, District Raipur, Chhattisgarh 7 - Kishore Jaiswal R/o- House No. 17, Danitola, Mahima Sagar Ward, Dhamtari, District - Dhamtari, Chhattisgarh Respondent(s) For Petitioner(s) : Mr. Saket Pandey, Advocate For Respondent(s) : Mr. Ritesh Giri, PL RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.03.11 16:37:27 +0530 2 (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 11/03/2025 1. By the present writ petition, the petitioner is seeking direction towards respondent No. 2 to 5 to conclude the proceeding under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act, 2002’) and assist in granting the physical possession of the mortgaged properties to the petitioner bank, in Revenue Case No. 67/B-121/2019-2020. 2. Learned counsel for the petitioner submits that on the application under Section 14 of the Act, 2002, the Collector-cum-District Magistrate passed an order dated 01/03/2021 (Annexure-P/1) for handing over the possession of the questioned mortgaged property to the petitioner in Revenue Case No. 67/B-121/2019- 2020, however, the Tahsildar is not proceeding in pursuance of the said order. By referring to memo dated 27/11/2024, he would submit that though the memo was issued by the Tahsildar, but no initiatives has taken place in accordance with the Act, 2002 for granting possession of the mortgaged property to the petitioner. 3. Learned counsel for the State would submit that it appears from the memo dated 27/11/2024 that the Tahsildar has already proceeded in compliance of the order passed by the Collector and necessary steps will be taken by the Tahsildar for handing over the possession of the mortgaged property. 3 4. I have heard counsel for the parties and perused the order passed by the Collector dated 01/03/2021 and memo dated 27/11/2024. 5. From perusal of the order passed by the Collector and provisions of the Act, 2002, it appears that the provision of Section 14 of the Act, 2002 is very specific that the Collector shall assist the Bank or the Financial Institution for taking over the possession of the mortgaged property within a stipulated period, but the same has not been followed in the present case till date, though more than 4 years have lapsed. 6. Hence, the Collector, Raipur as well as the Tahsildar, Raipur are directed to take appropriate and necessary steps in compliance of the provisions of Sections 14 of the Act and in pursuance of the order dated 01/03/2021 (Annexure-P/1) to hand over the possession of the mortgaged property to the petitioner within a period of 25 days from today. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul