1 2025:CGHC:46766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 824 of 2025 1 - 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 - Manish Kumar Soni R/o Plot No. 7, Block No. 7 Motilal Nehrunagar Residential Scheme, Kosa Nagar Ward No. 2 Opposit Priyadarshniy Parisar Rnm Bhilai, Tehsil And District Durg 491001, Chhattisgarh --- Respondent(s) WP227 No. 877 of 2025 1 - Icici Home Finance Company Limited Through Its Regional Legal Manager Pawan Bansal S/o Shri R.R. Bansal, Aged About 35 Years, Having Branch Office At 2nd Floor, Anbika Arcade, Zone-1, M.P. Nagar, Bhopal (Madhya Pradesh) ---Petitioner(s) Versus 1 - Manoj Kumar Bharadwaj R/o Dhurwakari, Tahsil- Pachpedi, District Bilaspur 495551 C.G. 2 - Shashikala Bhardwaj R/o Dhurwakari, Tahsil- Pachpedi, District Bilaspur 495551 C.G. --- Respondent(s) NIRMALA RAO 2 For Petitioners : Mr. Ritesh Sharma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 12.09.2025 1. The present writ petitions have been filed by the petitioners/banks aggrieved by non-execution of order either passed by the learned Chief Judicial Magistrate, Durg or by the District Magistrate, Bilaspur under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act of 2002’). 2. Learned counsel appearing for the petitioners would submit that despite there being clear order passed under Section 14 of the Act of 2002, the Tehsildars failed to discharge their statutory duty. He would further submit that non-performing Assets are a huge burden on the public exchequer, banking and financial system and therefore, the Tehsildars are under obligation to comply with the directions/orders passed under the provisions of Section 14 of the Act of 2002. He would pray for a direction to the concerned Tehsildars to comply with the orders passed under Section 14 of the Act of 2002. 3. I have heard the learned counsel appearing for the petitioners and perused the documents placed on record. 4. It is surprising to note that time and again, this Court is coming across cause of actions raised by the secured creditor aggrieved by the fact that orders passed under Section 14 of the Act of 2002 are not being executed by the Tehsildars. The scheme of the Act of 2002 enjoins the District Magistrate to pass an order under Section 14 of the Act of 3 2002 within the extended period of 60 days and thereafter, the Tehsildar or the concerned Revenue Authority to execute such order without any unnecessary delay. Merely because, time frame is not prescribed for execution of an order passed under Section 14 of the Act of 2002 does not mean that the concerned Tehsildar would sit over the matter, thereby frustrating the object of the Act of 2002. 5. The Hon’ble Supreme Court in the matter of R.D. Jain & Co. Vs. Capital First Limited and Others, 2023(1) SCC 675, while explaining the object of jurisdiction under Section 14 of the Act of 2002 held as under : "23. However, for taking physical possession of the secured assets in terms of Section 14(1) of the SARFAESI Act, the secured creditor is obliged to approach the CMM/DM by way of a written application requesting for taking possession of the secured assets and documents relating thereto and for being forwarded to it (secured creditor) for further action. The statutory obligation enjoined upon the CMM/DM is to immediately move into action after receipt of a written application under Section 14(1) of the SARFAESI Act from the secured creditor for that purpose. As soon as such an application is received, the CMM/DM is expected to pass an order after verification of compliance of all formalities by the secured creditor referred to in the proviso in Section 14(1) of the SARFAESI Act and after being satisfied in that regard, to take possession of the secured assets and documents relating thereto and to forward the same to the secured creditor at the earliest opportunity. 24. As mandated by Section 14 of the SARFAESI Act, the CMM/DM has to act within the stipulated time-limit and pass a suitable order for the purpose of taking possession of the secured assets within a period of 30 days from the date of application which can be extended for such further period but not exceeding in the aggregate, sixty days. Thus, the powers exercised by the CMM/DM is a ministerial act. He cannot brook delay. Time is of the essence. This is the spirit of the special enactment.” 6. Accordingly, concerned Tehsildars are directed to comply with the orders passed by the learned Chief Judicial Magistrate, Durg/ District Magistrate, Bilaspur within a maximum period of 30 days from the production of copy of this order and if those orders are not complied with within the said period, it would amount contempt of order passed by this Court. 4 7. In view of the above, both the writ petitions are disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi