1 2025:CGHC:20448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2287 of 2025 Chhattisgarh Rajya Gramin Bank Through Authorised Officer Govind Vishwakarma S/o Shri Shiv Charan Vishwakarma Aged About 36 Years Office At Regional Office Ambikapur Surguja District - Surguja Chhattisgarh ... Petitioner 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 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 Magistrare Surguja District - Surguja Chhattisgarh 6 - Smt. Saraswati W/o Rambharosh Singh R/o Kudar P.S. Dhaurpur Block And Tehsil Lundra Surguja District- Surguja Chhattisgarh 7 - Sumar Say S/o Salgu Ram (Guarantor) R/o Kudar P.S. Dhaurpur Block And Tehsil Lundra Surguja District- Surguja Chhattisgarh 8 - Rambharosh S/o Shivbhola Singh (Guarantor) R/o Kudar P.S. Dhaurpur Block And Tehsil Lundra Surguja District- Surguja Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Saket Pandey Advocate For Respondent-State : Ms. Nupoor Sonkar, P.L. Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 05.05.2025 1 By the present writ petition, the petitioner is seeking direction towards respondents No. 2 to 5 to conclude the proceeding under YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.05.05 19:58:31 +0530 2 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. 92/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. 92/B-121/2023- 2024, however, the Tahsildar is not proceeding in pursuance of the said order. He further submits that 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 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 3 mortgaged property within a stipulated period, but the same has not been followed in the present case till date, though several months have been lapsed. 6 Hence, the Collector, Surguja as well as the Tahsildar, Surguja 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 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/ Sd/- (Amitendra Kishore Prasad) Judge Yogesh