1 WPC No. 2276 of 2025 2025:CGHC:20463 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2276 of 2025 1 - Indian Overseas Bank Through Authorised Officer Rajesh Kumar Yadav S/o Shri Lal Mani Yadav Aged About 44 Years Office At Regional Office Raipur District - Raipur (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Reveune And Disaster Management Department Atal Nagar Mahanadi Bhawan Raipur District- Raipur (C.G.) 2 - The Collector Cum District Magistrate Kondagaon District- Kondagaon (C.G.) 3 - The Tehsildar Tehsil Kondagaon Kondagaon District - Kondagaon (C.G.) 4 - The Superintendent Of Police Kondagaon District - Kondagaon (C.G.) 5 - The Sub Divisional Magistrate Kondagaon District- Kondagaon (C.G.) 2 WPC No. 2276 of 2025 6 - M/s T.S. Traders Through Proprietor Shri Vijay Ghoshal S/o Shri Paritosh Ghoshal Guarantor Smt. Anita Ghoshal Both Proprietor And Guaranter R/o E.W.S. 32 Housing Board Colony Bandhapara Ward Kondagaon Tehsil Kondagaon District - Kondagaon (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Saket Pandey, Advocate For Respondent-State : Mr. Khulesh Sahu, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 05.05.2025 1. By the present writ petition, the petitioner is seeking direction towards respondent No. 2 to 5 to conclude the proceeding under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the Act, 2002’) and assist in granting the physical possession of the mortgaged properties to the petitioner bank, in Revenue Case (e-court) No. 202303200100017/B-121/2022-2023. 2. Learned counsel for the petitioner submits that on the application under Section 14 of the Act, 2002, the Collector-cum-District Magistrate passed an order dated 08.04.2024 (Annexure-P/1) for handing over the possession 3 WPC No. 2276 of 2025 of the questioned mortgaged property to the petitioner in Revenue Case (e-court) No.202303200100017/B- 121/2022-2023, however, the Tahsildar is not proceeding in pursuance of the said order and no initiatives have taken place in accordance with the Act, 2002 for granting possession of the mortgaged property to the petitioner. 3. Learned counsel for the State would submit that necessary steps will be taken by the Tahsildar for handing over the possession of the mortgaged property. 4. I have heard counsel for the parties and perused the order passed by the Collector dated 08.04.2024. 5. From perusal of the order passed by the Collector and provisions of the Act, 2002, it appears that the provision of Section 14 of the Act, 2002 is very specific that the Collector shall assist the Bank or the Financial Institution for taking over the possession of the mortgaged property within a stipulated period, but the same has not been followed in the present case till date, though one year has already lapsed. 6. Hence, the Collector, Kondagaon as well as the Tahsildar, 4 WPC No. 2276 of 2025 Kondagaon are directed to take appropriate and necessary steps in compliance of the provisions of Sections 14 of the Act and in pursuance of the order dated 08.04.2024 (Annexure-P/1) to hand over the possession of the mortgaged property to the petitioner within a period of 25 days from today. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA