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2025 DAILYLAW 47167 (CHH)

AU SMALL FINANCE BANK LTD. v. STATE OF CHHATTISGARH

WPC/5875/2025 · 2025-11-10

Shri Parth Prateem Sahu

body2025

Judgment text

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1 / 3 2025:CGHC:54757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5875 of 2025 • Au Small Finance Bank Ltd. Registered Office - 19/a, Dhuleshwar Garden, Ajmer Road, Jaipur, Rajasthan Branch Office-3rd Floor, Sky Plaza, Gaurav Path, Near Banthia Hospital, Raja Talab, Raipur, Chhattisgarh Through Its Manager Dheeraj Pandey, Son Of Vivekanand Pandey, Aged About 44 Years, Branch Office-3rd Floor, Sky Plaza, Gaurav Path, Near Banthia Hospital, Raja Talab, Raipur, Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through - The Secretary, Department Of Revenue, Mahanadi Bhawan, New Mantralaya, Naya Raipur (C.G.) 2. Collector Bilaspur, District- Bilaspur (C.G.) 3. Sub Divisional Officer (Rev) Bilaspur, District- Bilaspur Chhattisgarh. 4. Tahsildar Tahsil Bilaspur District- Bilaspur Chhattisgarh. 5. Wakar Ahmed S/o Nisar Ahmed Proprietor N.A. Lojistic And Construction Address Chuchuhiyapara, Ganesh Nagar, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh. 6. Salma Begum Proprietor N.A. Logistic and Construction Address Chuchuhiyapara Ganesh Nagar, Bilaspur, Tahsil and District- Bilaspur Chhattisgarh. 7. Iftekhar Ahmed Address- Chuchuhiyapara, Ganesh Nagar, Bilaspur, Tahsil And District- Bilaspur Chhattisgarh. 8. Humaira Anjum Address- Chuchuhiyapara, Ganesh Nagar, Bilaspur, Tahsil And District- Bilaspur Chhattisgarh. 9. Nahid Anjum Address - Chuchuhiyapara, Ganesh Nagar, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh. 10.Azara Tabassum Address- Chuchuhiyapara, Ganesh Nagar, Bilaspur, Tahsil And District - Bilaspur, Chhattisgarh. ... Respondents For Petitioner : Mr. Vijay Swarnkar, Advocate with Mr. Pawan Kumar Kashyap, Advocate For Respondents-State : Mr. Rishabh Bisen, Panel Lawyer PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11/11/2025 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, the Hon’ble Court may kindly be pleased to direct the respondent authorities particular respondent No. 4 to comply order dated 11.03.2025 passed by the learned Chief Judicial Magistrate Bilaspur Chhattisgarh and to expeditious decide pending execution representation filed by the petitioner at the earliest, in the interest of justice. 10.2 Any other relief, which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner. ” 2. Learned counsel for the State submits that he has sought instruction in the matter and according to his telephonic information Respondent No. 4/ Tahsildar has already proceeded with the matter pursuant to the order passed by Chief Judicial Magistrate, Bilaspur and had issued memo for taking possession of the secured assets on 25.08.2025 and the date fixed for taking possession of property was 15.09.2025. 3. Learned counsel for petitioner submits that till date possession of the secured assets has not been taken by the Maljamadar pursuant to the memo issued by Tahsildar and has not handed over the same to petitioner and therefore direction be issued to Respondent No. 4/ Tahsildar, Bilaspur to conclude the proceedings within specified time frame. 4. On due consideration of the submission of learned counsel for the respective parties, nature of proceedings pending before the Tahsildar, I find it appropriate to dispose of this writ petition directing Respondent No. 4 to conclude the proceedings pursuant to the order of Chief Judicial Magistrate, Bilaspur under Section 14 of the SARFAESI Act, 2002, in accordance with law, expeditiously preferably within a further period of 02 months from the date of receipt of copy of this order. 3 / 3 5. With the aforesaid observation and direction, writ petition stands disposed of. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE