1 2025:CGHC:57443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1607 of 2025 1 - Samman Capital Limited Through Mr. Rajesh Chauhan, S/o Mr. S.P. Singh Chauhan Designation 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 Revenue, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur (Chhattisgarh) 2 - The Chief Judicial Magistrate, District- Raipur (Chhattisgarh) 3 - The Tahsildar Tehsil Raipur, District- Raipur (Chhattisgarh) 4 - The Additional Tahsildar Tehsil Raipur, District- Raipur (Chhattisgarh) 5 - Uma Shankar Gharthi R/o Qtr No. 832/5 New Shanti Nagar, Shankar Nagar Road Near Ng Crossing Gate Raipur (Chhattisgarh)- 492001 6 - Lalita Keshtri Alias Lalita Chhetri R/o Qtr No. 832/5 New Shanti Nagar, Shankar Nagar Road Near Ng Crossing Gate Raipur (Chhattisgarh)- 492001 7 - Laxmi Gharthi R/o Qtr No. 832/5 New Shanti Nagar, Shankar Nagar Road Near Ng Crossing Gate Raipur (Chhattisgarh)- 492001 8 - Mahaveer Chaturvedi Guaranter Sr. Security Guard, R/o Qtr No. F/29 Cseb Colony, Gudhiyari Raipur (Chhattisgarh)- 492011 --- Respondent(s) ____________________________________________________________ For Petitioner : Mr. Ritesh Sharma, Advocate For State/Respondents : Ms. Poorva Tiwari, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 26/11/2025 BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.11.28 10:38:28 +0530 2 1. Petitioner has filed this petition seeking following relief (s) :- “10.1 That, this Hon’ble Court may kindly be pleased to issue an appropriate writ, order, or direction to Respondent No.4, Additional Tahsildar, Tehsil and District Raipur, to ensure the petitioner is granted rightful possession of the mortgaged property within 15 days, in the interest of justice. 10.2 That any other relief/order which may deem fit and just in the facts and circumstances of the case may also be granted in favour of the petitioner with cost.” 2. Learned counsel for petitioner submits that Chief Judicial Magistrate, Raipur has passed an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In short ‘the SARFAESI Act’) on 03.08.2023 and has directed the Tahsildar to take possession of the secured property and to hand it over to the secured creditor. Additional Tahsildar, Raipur vide memo dated 27.02.2024 had directed the Malzamadar, Tahsil Raipur to take over the possession of the secured property, however, till date possession of the property could not be taken by Additional Tahsildar and handed it over to petitioner, therefore, direction be issued to the respondent No.3 to comply with the order passed by the Chief Judicial Magistrate dated 03.08.2023 and to handover the possession of the secured assets in favour of petitioner (secured creditor) within specified time frame. 3. Learned State counsel submits that according to her instructions, the matter is still pending and appropriate steps would be taken for complying with the order passed by the Chief Judicial Magistrate under Section 14 of the the SARFAESI Act within further period of 15 days. 3 4. On due consideration the submissions of learned counsel for respective parties, this petition is disposed of directing respondents No.3 to conclude the proceedings of taking possession of the secured assets expeditiously preferably within a further period of one month from the date of receipt of the copy of this order. 5. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram