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2025 DAILYLAW 57855 (CHH)

AU SMALL FINANCE BANK LTD. v. STATE OF CHHATTISGARH

WPC/5665/2025 · 2025-10-30

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:53173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5665 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, C.G. 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, C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, New Mantralaya Naya Raipur C.G. 2 - Collector, Balod, District Balod C.G. 3 - Sub Divisional Officer (Rev) Balod, District Balod C.G. 4 - Tahsildar Tahsil Balod, District Balod C.G. 5 - Sahasram Sarva S/o Ramesh Kumar R/o Village And Post Sanod, Tahsil Gurur, District Balod C.G. 6 - Bindeshwari Sarva D/o Baladu R/o Village And Post Sanod, Tahsil Gurur, District Balod C.G. ... Respondents 2 For Petitioner : Mr. Vijay Swarnkar, Advocate For Respondents 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 30.12.2024 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 Secularization 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 30.12.2024 directing Tahsildar for taking possession and handing over to petitioner of secured assets. However, since then Tehsildar, Balod 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 and therefore, direction be issued to Tehsildar, Balod/Respondent no. 4 to complete the proceedings of execution pursuant to order dated 30.12.2024 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. 5. Considering the submission made by counsel for respective parties as also the order of Collector/Respondent no. 2 Annexure P-2 dated 30.12.2024, this writ petition at this stage is disposed of directing 3 respondent no. 4/Tehsildar, Balod to comply with the order passed by Collector/Respondent no. 2 dated 30.12.2024 and to take possession of the secured assets as forming part of the order and to hand over possession of the 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. 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 15:12:12 +0530