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2025 DAILYLAW 30583 (CHH)

ICICI HOME FINANCE COMPANY LIMITED v. STATE OF CHHATTISGARH

WPC/3368/2025 · 2025-07-01

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:29744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3368 of 2025 1 - Icici Home Finance Company Limited Through Its Authorized Officer Gaurav Mishra S/o Shri Mohan Lal Mishra Aged About 33 Years Having Its Corporate Office Icici Hfc Tower, J.B. Nagar Andheri-Kurla Road, Andheri (East) Mumbai 400059 ( Maharashtra ) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Bilaspur Chhattisgarh. 2 - The Tahsildar Tehsil - Kota, District - Bilaspur Chhattisgarh. 3 - Sushila Agrahari R/o Ward No. 7 Lormi Road Jaistambh Chowk, Kargi Road Kota District - Bilaspur 495113 Chhattisgarh. 4 - Satish Agrahari R/o Ward No. 7 Lormi Road Jaistambh Chowk, Kargi Road Kota District - Bilaspur 495113 Chhattisgarh. 5 - Sandeep Agrahari R/o Ward No. 7 Lormi Road Jaistambh Chowk, Kargi Road Kota District - Bilaspur 495113 Chhattisgarh. ----Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Ritesh Sharma, Advocate For Respondent-State : Mr. Rishabh Bisen, P.L. Hon’ble Shri Arvind Kumar Verma Order on Board 02/07/2025 1. By this present writ petition, the petitioner seeking a direction towards the respondent No.2/The Tahsildar, to comply the order passed by the learned District Magistrate, Bilaspur and 2 provide the physical possession of the mortgaged property to the petitioner, preferably within a period of 30 days. 2. Learned counsel for the petitioner submits that on the application under Section 14(1) of the SARFAESI Act, 2002, the District Magistrate Bilaspur has passed an order dated 03.03.2025 and directed respondent No. 2 to take possession of the mortgaged properties and hand over the same to the petitioner. He further submits that once the order has been passed by the District Magistrate, the Tahsildar should comply with the order of the District Magistrate. expeditiously as per the provision prescribed under Section 14(1) under the SARFAESI, Act, 2002. 3. Learned counsel for the State/respondent would submit that as the District Magistrate has already passed an order on 03.03.2025, the Tahsildar will act expeditiously to take over the possession of the property in question, in accordance with the SARFAESI Act, 2002. 4. I have heard learned counsel for the parties and perused the order of the District Magistrate. 5. From perusal of record, it appears that the District Magistrate has passed the order on 03.03.2025 and thereafter, the Tahsildar should act immediately pursuance to the order passed under Section 14(1) SARFAESI Act, 2002, hence, the 3 Tahsildar is directed to take immediate steps for compliance of the order of the District Magistrate dated 03.03.2025 by proceeding expeditiously to take over the possession of the property in question. 6. With the aforesaid observation and directions, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti