1 2025:CGHC:5781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 665 of 2025 1 - I.I.F.L. Home Finanace Limited Through The Authorized Officer- Mr. Ashok Awasthi, S/o Gopal Ram Sharma, Aged About 42 Years, Designation Legal Manager, Branch Office First Floor, Lal Ganga City Mart, Banjari Chowk, In Front Of Hotel Amit, Raipur, District- Raipur (C.G.) Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, General Administration, Mahanadi Bhavan, New Mantralaya, Atal Nagar, New Raipur (C.G.) 2 - The District Magistrate Dist Raipur (C.G.) (Authority Under Sec 14 Of The Sarfaesi Act) 3 - Tehsildar Dharsiva District Raipur (C.G.) 4 - Bhajan Lal Choudhary S/o Gopiram Choudhary Aged About 49 Years R/o- Kemko Power Products Pvt. Ltd. Behind Domodar Complex, Kelkar Para, Station Road, Raipur, Tehsil And District- Raipur (C.G.) 5 - Kemko Power Products Pvt Ltd Through The Authorized Officer/ Managing Director Station Road, Raipur, Tehsil And District- Raipur (C.G.) 6 - Smt Usha Choudhary W/o Shri Bhajan Lal Choudhary Aged About 43 Years R/o Flat No. 01, Ground Floor Ashiyana Apartment, New Shanti Nagar, District- Raipur (C.G.) Respondent(s) RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.02.04 10:13:20 +0530 2 For Petitioner(s) : Ms. Saumya Sharma, Advocate For Respondent(s) : Mr. Ritesh Giri, PL (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 31/01/2025 1. By the present writ petition, the petitioner is seeking direction towards respondent No.2 to provide the physical possession of the secured assets in favour of the petitioner. 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 04/09/2023 (Annexure-P/1) for handing over the possession of the secured assets to the petitioner, however, the same has not been done till date. Referring to the representation dated 22/03/2024, he submits that despite the order dated 04/09/2023, no initiative has taken place in accordance with the Act, 2002 for granting possession of the secured assets to the petitioner. 3. Learned counsel for the State would submit that in compliance of the order passed by the Collector, necessary steps will be taken for handing over the possession of the secured assets to the petitioner. 4. I have heard counsel for the parties and perused the order passed by the Collector dated 04/09/2023 (Annexure-P/1) and representation dated 22/03/2024. 3 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 more than a year has lapsed. 6. Hence, the Collector, Raipur is 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 04/09/2023 (Annexure-P/1) to hand over the possession of the secured assets to the petitioner within a period of 50 days from today. 7. With the aforesaid direction, the writ petition is disposed of. Sd/- (BIBHU DATTA GURU) JUDGE Rahul