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2025 DAILYLAW 57575 (CHH)

CANARA BANK, v. STATE OF CHHATTISGARH

WPC/6598/2025 · 2025-12-16

Shri Parth Prateem Sahu

body2025

Judgment text

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1 / 3 2025:CGHC:61699 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6598 of 2025 • Canara Bank, Through- Authorised, Officer Assistant General Manager Shri Vikas Kumar Rao S/o Shri Ramdeo Rao Aged About 44 Years Office At Canara Bank Regional Office Raipur, District- Raipur Chhattisgarh, ... Petitioner versus 1. State Of Chhattisgarh Through Secretary Revenue And Disaster Management Department Atal Nagar, Mahanadi Bhawan, Raipur, District- Raipur (C.G.) 2. The Collector Cum - District- Magistrate Raipur District- Raipur Chhattisgarh, 3. The Tehsildar Raipur District- Raipur, Chhattisgarh, 4. The Superintendent Of Police Raipur District- Raipur, Chhattisgarh, 5. The Sub Divisional Magistrate Raipur District- Raipur Chhattisgarh, 6. Sai Tea Sales Legal Heirs Of Vidwant Kaur R/o Gali No.04, Fafadih Naka Raipur District- Raipur Chhattisgarh, 7. Harjeet Singh Hanspal S/o Late Shri Darshan Singh Legal Heirs Of Vidwant Kaur R/o Gali No.04, Fafadih Naka Raipur District- Raipur Chhattisgarh, 8. Jaspreet Singh Hanspal S/o Late Shri Surendra Singh Legal Heirs Of Vidwant Kaur R/o Gali No.04, Fafadih Naka Raipur District- Raipur Chhattisgarh, 9. Gurpreet Singh Hanspal S/o Late Shri Surendra Singh Legal Heirs Of Vidwant Kaur R/o Gali No.04, Fafadih Naka Raipur District- Raipur Chhattisgarh, 10.Smt. Paramjeet Kaur W/o Late Shri Surendra Singh Legal Heirs Of Vidwant Kaur R/o Gali No.04, Fafadih Naka Raipur District- Raipur Chhattisgarh, ... Respondents For Petitioner : Mr. Ishan Sharma, Advocate For Respondents-State : Mr. Anurag Tripathi, Panel Lawyer PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 17/12/2025 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, the records pertaining to the proceedings before the respondents may kindly be called for kind perusal of this Hon’ble Court. 10.2 That, the Hon’ble Court may kindly direct the respondent No. 2 to 5 to assist in granting the physical possession of the mortgaged properties for petitioner bank, also to conclude the proceedings under section 14 of the Act of 2002, in revenue case No. 213/B- 121/2022-2023 with use of required force, in the interest of justice. 10.3 Any other relief, which this Honble Court may deemed just and fit in facts and circumstances of the case.” 2. Learned counsel for petitioner submits that Respondent No. 2/ District Magistrate, Raipur passed an order on 07.07.2025 under the provisions of Section 14 of the SARFAESI Act, 2002, directing the concerned Tahsildar to take possession of the mortgaged property, secured assets and to hand over the possession to the secured creditor, however, till date no further proceedings have been initiated by the Tahsildar and therefore direction be issued to Respondent No. 2 to complete the proceedings of taking possession of the secured assets pursuant to the order passed under Section 14. 3. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioner, he is having no objection. 4. I have heard learned counsel for petitioner. 5. On due consideration of the submission made by learned counsel for the respective parties and also considering that the order under Section 14 of the SARFAESI Act is passed on 07.07.2025, I find it appropriate to dispose of 3 / 3 this writ petition at this stage directing Respondents No. 2 & 3 to take steps for taking physical possession of the secured assets and to comply with the order dated 07.07.2025 in accordance with law, expeditiously preferably within an outer limit of 60 days from the date of receipt of copy of this order. 6. With the aforesaid observation and direction, writ petition stands disposed of. Certified copy as per rules. Sd/- (Parth Prateem Sahu) pwn JUDGE