1 2025:CGHC:52160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5552 of 2025 1 - Sammaan Caipital Limited (Previously Known As Indiabulls Housing Finance Limited ) Through Rajesh Chauhan S/o S.P. Singh Chauhan Aged About 50 Years Working As Legal Manager Having Registered Address At 5th Floor, Building No. 27 K.G. Marg, Connaught Palace New Delhi -110001 ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department, Of Law And Legislative A7airs Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur (Chhattisgarh) 2 - The Tehsildar Tehsil Raipur, District- Raipur (Chhattisgarh) 3 - Senior Superintendent Of Police District- Raipur (Chhattisgarh) 4 - Station House O8cer Police Station Azad Chowk Raipur District- Raipur (Chhattisgarh) 5 - Ra:q Umrani R/o House No. 26, Meera Datar Building Samta Colony, Chiroradhih Ward Raipur (Chhattisgarh) 6 - Parveen Umrani R/o House No. 26, Meera Datar Building Samta Colony, Chiroradhih Ward Raipur (Chhattisgarh) ----Respondents For Petitioner : Ms. Sakshi Gupta, Advocate For Respondent-State : Mr. Ajit Singh, G.A. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 27.10.2025 1. The present writ petition has been :led by the petitioner seeking following relief(s):- 10.1 That the Hon’ble Court may kindly be pleased to issue an appropriate writ, writs, order, direction to the Tahsildar Raipur to assist in providing rightful posses- sion of the mortgaged property to petitioner under Section 14 of the SARFAESI Act, 2002 within 2 weeks in the interest of justice. Digitally signed by JYOTI JHA Date: 2025.10.28 11:30:50 +0530 2 10.2 Any other order that the Hon’ble Court deems *t and necessary in the circumstances of the case be also passed. 2. Learned counsel for the petitioner would submit that the present petition is being :led by the Petitioner, a secured creditor, aggrieved by the inaction of the Tehsildar, Raipur (Respondent No. 2) in reimplementing the lawful order dated 10/01/2022 passed by the District Magistrate, Raipur under Section 14 of the SARFAESI Act, 2002. The said order directed the Tehsildar to take possession of the secured property and hand it over to the Petitioner. Pursuant to the said order, the Tehsildar handed over possession of the mortgaged property to the Petitioner on 22/06/2022, and the Petitioner remained in physical possession of the property. Subsequently, the Petitioner auctioned the property under the provisions of the SARFAESI Act to recover its dues. However, when the Petitioner visited the site to hand over possession to the successful auction purchaser, Respondent Nos. 5 and 6 (the defaulting borrowers) unlawfully obstructed and misbehaved with the Petitioner, thereby interfering with the lawful transfer of possession. The Petitioner approached the Tehsildar, Raipur by submitting a representation requesting reexecution of the order. However, the Tehsildar not only failed to take any action but also refused to acknowledge receipt of the representation. The Petitioner was compelled to send the representation through Registered Post, which was duly delivered to the o8ce of Respondent No. 2. Despite this, no action has been taken till date, leaving the Petitioner remediless and enabling the continued unlawful interference by the borrowers. Hence This Petition. 3. Learned State Counsel submits that in view of the limited prayer made by the learned counsel for petitioner seeking direction to respondent No. 2 to consider/decide the representation, he is having no objection to the limited prayer and if the representation is pending, it will be considered/decided in accordance with law. 4. I have heard learned counsel for the parties and perused the records with utmost circumspection. 5. Looking to the provision Section 14 of the SARFAESI Act and also 3 considering the facts and circumstances of the case instead of keeping this petition pending, I :nd it appropriate to dispose of the same at this stage directing the Tehsildar-respondent No. 2 to consider/decide the pending application/representation of the petitioner dated 04.09.2025 as expeditiously as possible strictly in accordance with law, after giving su8cient opportunity of hearing to the concerned parties. 6. With the aforesaid observation(s), this petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti