HINDUJA LEYLAND FINANCE LIMITED v. STATE OF CHHATTISGARH
WPC/1014/2025 · 2025-02-20
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9656 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9656 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:8821
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1014 of 2025 1 - Hinduja Leyland Finance Limited Through- Authorized Officer Kirtiraj Deshmukh, Corporate Office At - 27a, Developed Industrial Estate, Guindi, Chennai, Tamilnadu, 600032 Branch Office At - Pujari Chambers Complex, Tikrapara, Near Pachpedinaka, Raipur, District Raipur, C.G.
... Petitioner(s) versus 1 - State of Chhattisgarh Through District Magistrate, District Raipur, C.G. 2 - Tahsildar Tehsil And District
Raipur,
C.G. 3 - Maaljamadar Tehsil And District Raipur, C.G. 4 - M/s Satyanarayan Traders Through Proprietor Shri Sanjay Singh Thakur, Plot No. 10 And 11, Infront Of Bhimsen Bhawan, Samta Colony, Raipur, District Raipur, C.G., Pin - 492001 5 - M/s Art Gallery Through Proprietor Smt. Deepa Thakur Plot No. 10 And 11, Infront Of Bhimsen Bhawan, Samta Colony, Raipur, District
Raipur,
C.G.,
Pin
-
492001 6 - Shri Sanjay Singh Thakur S/o Shri Toman Singh Thakur Aged About 52 Years Plot No. 10 And 11, Infront Of Bhimsen Bhawan, Samta Colony, Raipur, District Raipur, C.G., Pin - 492001 7 - Smt. Deepa Thakur W/o Shri Sanjay Singh Thakur Aged About 48 AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.02.21 17:14:44 +0530
2 Years Plot No. 10 And 11, Infront Of Bhimsen Bhawan, Samta Colony, Raipur, District Raipur, C.G., Pin - 492001 8 - Shri Toman Singh Thakur S/o Shri Mitr Singh Thakur Aged About 82 Years Plot No. 10 And 11, Infront Of Bhimsen Bhawan, Samta Colony, Raipur, District Raipur, C.G., Pin - 492001 9 - Smt. Sudha Thakur W/o Shri Toman Singh Thakur Aged About 75 Years Plot No. 10 And 11, Infront Of Bhimsen Bhawan, Samta Colony, Raipur, District Raipur, C.G., Pin - 492001
... Respondent(s) For Petitioner(s) : Mr. Faiz Kazi, Advocate on behalf of Mr. LukeshKumar Mishra, Advocate For Respondent/State : Mr. Ritesh Giri, Panel Lawyer.
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 20/02/2025
1. By this present writ petition, the petitioner seeking a direction towards the respondent No.2/The Tahsildar, to comply the
order passed by the learned Chief Judicial Magistrate, Raipur and provide the physical possession of the mortgaged property to the petitioner, preferably within a period of 30 days.
2.
Learned counsel for the petitioner submits that on the application under Section 14(1) of the SARFAESI Act, 2002, the C.J.M. Raipur has passed an order dated 10/04/2024. After the said order, the Tahsildar issued notice to the borrower dated 16/07/2024. He further submits that once the order has been passed by the C.J.M., the Tahsildar should comply with the order of the C.J.M. expeditiously as per the provision
3 prescribed under Section 14(1) under the SARFAESI, Act,
2002.
3.
Learned counsel for the State/respondent would submit that as the C.J.M. has already passed an order on 10/04/2024, the Tahsildar will act expeditiously to take over the possession of the property in question, in accordance with the SARFAESI Act, 2002.
4. I have heard learned counsel for the parties and perused the
order of the C.J.M.
5. From perusal of record, it appears that the C.J.M. has passed the order on 10/04/2024 and thereafter, the Tahsildar should act immediately pursuance to the order passed under Section 14(1) SARFAESI Act, 2002, hence, the Tahsildar is directed to take immediate steps for compliance of the order of the CJM dated 10/04/2024 by proceeding expeditiously preferably within a period of forty days to take over the possession of the property in question.
6. With the aforesaid observation and directions, the writ petition is disposed of. SD/-
(Bibhu Datta Guru)
Judge Amardeep