1 2025:CGHC:20949 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2314 of 2025 1 - Chhattisgarh Rajya Gramin Bank Through Authorised Officer, Govind Vishwkarma, S/o Shri Shiv Charan Vishwakarma, Aged About 36 Years, Office At Regional Office, Ambikapur, Surguja, District Surguja, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Atal Nagar, Mahanadi Bhawan, Raipur, District Raipur Chhattisgarh. 2 - The Collector - Cum - District Magistrate Surguja, District Surguja, Chhattisgarh. 3 - The Tehsildar Tehsil Lundra, Surguja, District Surguja, Chhattisgarh. 4 - The Superintendent Of Police Surguja, District Surguja Chhattisgarh. 5 - The Sub Divisional Magistrate Surguja, District Surguja Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 6 - Suresh Kumar Gupta S/o Ram Prasad Gupta R/o Sadakpara, Near S.B.I. A.T.M. Raghunathpur, Surguja, District Surguja Chhattisgarh. 7 - Smt. Seema Gupta W/o Suresh Gupta (Guarantor) R/o Sadakpara, Near S.B.I. A.T.M. Raghunathpur, Surguja, District Surguja Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Saket Pandey, Advocate. For Respondent(s)/ State : Ms. Upasan Mehta, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 07/05/2025 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. 93/B-121/2023-2024. 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 16.01.2025 (Annexure-P/1) for handing over the possession of the questioned mortgaged property to the petitioner in Revenue Case No. 93/B-121/2023- 3 2024, however, the Tahsildar is not proceeding in pursuance of the said order. 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 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. 4. I have heard counsel for the parties and perused the order passed by the Collector dated 16.01.2025. 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 several months have lapsed. 6. Hence, the Collector, Sarguja as well as the Tahsildar, Sarguja 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 16.01.2025 (Annexure-P/1) to hand 4 over the possession of the mortgaged property to the petitioner within a period of 60 days from today. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat