AU SMALL FINANCE BANK LTD. v. STATE OF CHHATTISGARH
WPC/5664/2025 · 2025-10-30
Shri Parth Prateem Sahu
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 57841 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57841 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:53174
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5664 of 2025 1 - 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, S/o 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 Bemetara, District Bemetara (C.G.) 3 - Sub Divisional Officer (Rev) Bemetara, District Bemetara, Chhattisgarh 4 - Tahsildar Tahsil Bemetara, District Bemetara, Chhattisgarh 5 - Anantpuri Goswami S/o Damodarpuri Goswami R/o 164 Rajeev Gandhi, Ward No. 14, Durg Road, Tahsil And District Bemetara Chhattisgarh 6 - Smt. Sunita Goswami W/o Anantpuri Goswami R/o 164 Rajeev Gandhi, Ward No. 14, Durg Road, Tahsil And District Bemetara Chhattisgarh
... Respondents
2 For Petitioner : Mr. Vijay Swarnkar, Advocate For Respondent no. 1 to 4/State : Mr. Satish Gupta, Govt. Advocate (Hon’ble Justice Shri Parth Prateem Sahu, Judge)
Order on Board 31/10/2025
1. Present petition has been filed by petitioner seeking following reliefs:-
“a. That, the Hon’ble Court may kindly be pleased to direct the respondent authorities particularly respondent no. 4 to comply
order dated 25.09.2023 passed by the respondent no. 2 and to expeditiously decide pending execution representation dated 20.10.2023 filed by the petitioner at the earliest, in the interest of justice. b. Any other relief, which the Hon’ble Court may deem fit and proper in the facts ad circumstances of the case may also be granted in favour of the petitioner.”
2. Learned counsel for petitioner would submit that on an application being filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“in short SARFAESI Act, 2002”) competent authority i.e. the Collector/Respondent no. 2 has passed an order dated 25.09.2023 directing Tahsildar for taking possession and handing over to petitioner the secured assets. However, since October, 2023 Tehsildar, Bemetara has not proceeded to take possession of the secured assets subject matter of the proceedings before the Collector/Respondent no. 2 and handed it over to petitioner secured creditor. Hence direction be issued to Tehsildar, Bemetara/Respondent no. 4 to complete the proceedings of execution pursuant to order dated 25.09.2023 at the earliest.
3. Learned counsel for State submits that in view of limited prayer made by counsel for petitioner he is having no objection.
4. I have heard learned counsel for respective parties.
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5. Considering the submission made by counsel for respective parties as also the order of Collector/Respondent no. 2 Annexure P-2 dated 25.09.2023, this writ petition at this stage is disposed of directing respondent no. 4/Tehsildar, Bemetara to comply with the order passed by Collector/Respondent no. 2 dated 25.09.2023 and to take possession of the secured assets as forming part of the order and to hand over the possession same to the petitioner expeditiously preferably within a period of 02 months from the date of receipt of copy of this order, subject to verification of facts, if there is no other hurdle. Respondent no. 2 is also directed to look into the proceedings for early disposal.
6. With the aforesaid direction and observation, present writ petition is
disposed of. Certified copy as per rules. sd/-
(Parth Prateem Sahu)
JUDGE alfiza
ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2025.11.01 15:09:43 +0530