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2025 DAILYLAW 4388 (CHH)

BANK OF BARODA v. THE COLLECTOR AND DISTRICT MAGISTRATE

WPC/585/2025 · 2025-01-29

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:5186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 585 of 2025 1 - Bank of Baroda Rangi Complex, Station Road, Rajnandgao, District- Rajnandgao, Chhattisgarh, 491441, Through Its Authorised Officer Shri Manish Kumar Srivastava ... Petitioner(s) versus 1 - The Collector And District Magistrate Rajnandgao, District- Rajnandgao, Chhattisgarh, 491441 2 - Tahsildar Rajnandgaon, District- Rajnandgaon, Chhattisgarh, 491441 3 - Mrs. Nirmala Sorte W/o Mr. Hariram Sorte R/o House No. 358, Ward No. 16, Hanuman Gully, Tulsipur, Rajnandgaon, District- Rajnandgao, Chhattisgarh, 491441 4 - Mr. Santosh Sorte S/o Mr. Hariram Sorte R/o House No. 358, Ward No. 16, Hanuman Gully, Tulsipur, Rajnandgaon, District- Rajnandgao, Chhattisgarh, 491441 5 - Mr. Manoj Kumar Sorte S/o Mr. Hariram Sorte R/o House No. 358, Ward No. 16, Hanuman Gully, Tulsipur, Rajnandgaon, District- Rajnandgao, Chhattisgarh, 491441 ... Respondent(s) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.29 14:45:06 +0530 2 For Petitioner : Mr. Ankit Singhal, Advocate. For Respondents/State : Mr. Khulesh Sahu, Panel Lawyer. Hon'ble Justice Shri Bibhu Datta Guru Order on Board 29/1/2025 1. By the present writ petition, the petitioner is seeking a direction towards the Tahsildar/respondent to comply with the provisions of SARFAESI Act, 2002 and assist the petitioner’s Bank in obtaining physical possession of the secured assets expeditiously within a period of thirty days from the date of the order. 2. Learned counsel for the petitioner submits that on the application under Section 14(1) of the SARFAESI Act, 2002, the Collector has passed an order dated 12/08/2024. After the said order, the Tahsildar by issuance a memo dated 20/12/2024, has fixed the date for taking over of the possession on 17/02/2025. He further submits that once the order has been passed by the Collector, the Tahsildar should comply with the order of the Collector 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 Collector has already passed an order on 12/08/2024, the Tahsildar will act expeditiously to take over the possession of the property in question, in accordance with the SARFAESI Act, 2002. 3 4. I have heard learned counsel for the parties and perused the order of the Collector which has been passed on 12/08/2024 and memo dated 20/12/2024 issued by the Tahsildar. 5. From perusal of record, it appears that the Collector has passed the order on 12/08/2024, but the Tahsildar without any reason, fixed the matter for taking over of the possession on 17/02/2025, which is not proper. Tahsildar should act immediately pursuance to the order passed under Section 14(1) SARFAESI Act, 2002, hence, the Tahsildar is directed to take immediate steps for compliance of the order of the Collector dated 12/08/2024 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/- (Bibhu Datta Guru) Judge Amardeep