1 2025:CGHC:43161 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4564 of 2025 Chhattisgarh Rajya Gramin Bank Through Authorised Officer, Vipin Singh Chandel, S/o Malkhan Singh Chandel, Aged About 44 Years, Office At Chhattisgarh Rajya Gramin Bank, Regional Office, Durg, District Durg (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Disaster Management And Revenue Department, Raipur, District Raipur, Chhattisgarh 2 - Collector- District Magistrate Durg, District- Durg, Chhattisgarh 3 - Tehsildar Durg, District Durg, Chhattisgarh 4 - Mohammad Kasim Khan S/o Mohammad Ghasin Khan, R/o Kasiridih, Subhash Nagar, Kelabadi, Durg, District Durg, Chhattisgarh 5 - Mohammad Nasim Khan S/o Mohammad Tasim Khan, R/o Kasiridih, Subhash Nagar, Kelabadi, Durg, District Durg, Chhattisgarh ---- Respondents For Petitioner : Mr. Saket Pandey, Advocate For State : Mr. Soumitra Kesharwani, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 26/08/2025 2 1. By the present writ petition, the petitioner is seeking a direction towards the respondent authorities to take action against the respondent nos. 4 & 5, as the respondent nos. 4 & 5 has forcefully again taken back the possession handed over to the petitioner by the District Magistrate by exercising power under Section 14 of the SARFAESI Act, 2002. 2. Learned counsel for the petitioner would submit that on an application under Section 14 of the SARFAESI Act, 2002 moved by the petitioner the District Magistrate vide its order dated 25.07.2022 passed an order to obtain the possession of the property from respondent no. 4 & 5 and subsequently the possession has been handed over by the Tehsildar on 07.03.2025, but after the handing over of the possession of the property in question, the respondent no. 4 & 5 again forcefully entered into the property in question in an illegal and arbitrary manner which was reported to the various authorities including the respondent, however no action has been taken by the said authority till date. 3. Learned counsel for the State would submit that, it appears from (Annexure P/5) that the application has been submitted by the petitioner raising his grievance against the respondent no. 4 & 5, who have entered into the property in question, in spite of handing over of the possession pursuance to Section 14 of the SARFAESI Act, 2002. If the said application has been received by the respondent authorities they shall take appropriate steps in accordance with law. 3 4. I have heard both the counsels for the parties and perused the order of the District Magistrate dated 25.07.2022 and pleadings of the petitioner including the representation submitted by the petitioner (Annexure P/5). 5. If the petitioner approach the respondent no. 3/Tahsildar-Durg with the grievance which has been mentioned in the representation (Annexure P/5), the Tahsildar shall take necessary steps and decide the representation as submitted by the petitioner within a period of ‘60 days’ from the receipt of the order of this Court, in accordance with rules, regulations and law. The petitioner is at liberty to apprise the respondent no. 3 about the order of this Court. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Vasant