1 2025:CGHC:16152-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 231 of 2025 1 - M/s Shri Shyam Trading Through Its Proprietor- Smt. Chanda Sahu, W/o Shri Jay Shankar Sahu, R/o Ward No. 46, Bilaspur Road, Ambikapur, Police Station Manipur, Tahsil Ambikapur, District Sarguja (C.G.) 2 - Shri Jay Shankar Sahu S/o Shri Laxman Sahu R/o Ward No. 46, Bilaspur Road, Ambikapur, Police Station Manipur, Tahsil Ambikapur, District Sarguja (C.G.) ... Appellant(s) versus 1 - Central Bank Of India Through Its Authorized Officer, Branch Ambikapur, District Sarguja (C.G.) 2 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 3 - The District Collector And District Magistrate Ambikapur District Sarguja (C.G.) ... Respondent(s) For Appellant(s) : Ms. Rajni Soren, Advocate For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate and Mr. Anand Shukla, Advocate MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.04.11 12:10:48 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Arvind Kumar Verma, Judge Judgment on Board Per Ramesh Sinha , Chief Justice 07.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard Ms. Rajni Soren, learned counsel for the appellants. Also heard Mr. Sangharsh Pandey, learned Government Advocate and Mr. Anand Shukla, learned counsel appearing for respondents. 3. The present writ appeal is preferred assailing the order dated 24.02.2025 passed by the learned Single Judge in WPc No. 1054 of 2025 (Central Bank of India vs. State of Chhattisgarh and Others), whereby, petition filed by the respondent No.1 / writ petitioner challening the order dated 16.01.2025 passed by District Magistrate Surguja under Section 14 of the SARFAESI Act, 2002 was allowed. 4. It has been pointed out by learned counsel, appearing for the appellants as well as learned counsel appearing for the respondents that in an identical matter, this Bench had dismissed WA No. 212/2025 (M/s Shyam Food Products vs. Central Bank of India & Others) vide order dated 27.03.2025, observing as follows : 3 “7. From perusal of the impugned order and the materials available on record, especially Section 14 of the SARFAESI Act, it appears that the District Magistrate is only authorized to assist the secured creditors in taking possession of secured assets under the provisions of the SARFAESI Act and the District Magistrate is not having any power under of the SARFAESI Act to adjudicate anything and to consider the request made by the borrower and the District Magistrate exceeds its jurisdiction, while passing the order dated 16.01.2025, which has rightly been set aside by the learned Single Judge. 8. Considering the submissions advanced by the learned counsel for the parties and the finding recorded by the learned Single Judge while allowing the writ petition filed by the writ petitioner / respondent No.1 herein, we are of the considered opinion that the learned Single Judge has not committed any illegality, irregularity or jurisdictional error in the impugned order warranting interference by this Court. 9. Accordingly, the writ appeal, being devoid of merit, is liable to be and is hereby dismissed. No cost(s). ” They further submit that since the facts and issue involved in the present case is identical to that of WA No. 212/2025, this appeal may also be dismissed in the same terms. 5. Having considered the rival submissions made by learned counsel for the parties and having gone through the materials on record, it is evident that the facts and issue involved in this appeal is 4 identical to WA No. 212/2025, this Court deems it appropriate not to take a view other than what has been taken in WA No. 212/2025. 6. Accordingly, the present appeal is dismissed in terms of the order dated 27.03.2025 passed in WA No. 212/2025. Sd/- Sd/- (Arvind Kumar Verma) (Ramesh Sinha) Judge Chief Justice Manpreet