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2025 DAILYLAW 26507 (CHH)

SAMMAAN FINSERVE LIMITED v. STATE OF CHHATTISGARH

WP227/551/2025 · 2025-06-24

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:27544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 551 of 2025  Sammaan Finserve Limited Through Its Chief Manager Legal Ramakant Yadav / S/o Shri Hari Ram Yadav Aged About 52 Years Having Corporate Office At Ground Floor, Tower 3a Dlf Corporate Greens. Sector -74a Gurgaon, Narsinghpur Haryana,- 122004 ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan Raipur (C.G.) 2. Tahsildar Tehsil Durg District - Durg (C.G.) – 491001 3. Revenue Inspector Nehru Nagar, Tehsil Durg District - Durg (C.G.) – 491001 4. Maal Jamadar Tehsil Durg District - Durg (C.G.) – 491001 5. Manish Kumar Soni R/o Plot No. 7, Block No. 7, Motilal Nehrunagar Residential Scheme Kosa Nagar Ward No. 2 Opposite Priyadarshniy Parisar Rnm Bhilai Tehsil And District - Durg- 491001 (C.G.) ... Respondent(s) For Petitioner : Mr. Ritesh Sharma, Advocate For State : Ms. Neelima Singh Thakur, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 25-06-2025 1) Heard on admission. 2) Learned counsel for the petitioner submits that respondent No. 5 took a loan from the petitioner-bank and when the borrower 2 defaulted, an application U/s 14 of the SARFAESI Act, 2002 was moved before the Chief Judicial Magistrate, Durg which was allowed vide order dated 16.05.2024. He contends that revenue authorities have not complied with the order passed by the Chief Judicial Magistrate, Durg under the provisions of Section 14 of the Act, 2002. He prays that a direction may be issued to the respondent authorities to take appropriate action. 3) On the other hand, learned State counsel opposes 4) Heard. 5) Taking into consideration the fact that respondent No. 2- Tahsildar, Durg is not taking any action pursuant to the statutory order passed by the Chief Judicial Magistrate, Durg dated 16.05.2024 regardless of the fact that Tehsildar is under obligation to comply with the order passed by Chief Judicial Magistrate, this petition is hereby being disposed of directing Tahsildar, Durg to take appropriate action pursuant to order dated 16.05.2024. 6) It is expected that the authority concerned shall take immediate action in this regard. 7) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya