2026:CGHC:1985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6558 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(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan New Mantralaya Naya Raipur (C.G.) 2 - Collector, Rajnandgaon, District Rajnandgaon (C.G.) 3 - Sub Divisional Officer (Rev) Rajnandgaon, District Rajnandgaon (C.G.) 4 - Tahsildar Tahsil Rajnandgaon, District Rajnandgaon (C.G.) 5 - Station House Officer, Police Station Lalbagh, District Rajnandgaon (C.G.) 6 - Sunil Lekhwani, S/o Shyamlal Lekhwani, R/o Gali No. 2, Sindhi Colony, Lalbagh, Ward No. 20, Rajnandgaon, District Rajnandgaon (C.G.) 7 - Smt. Kusum Lekhwani, W/o Sunil Lekhwani, R/o Gali No. 2, Sindhi Colony, Lalbagh, Ward No. 20, Rajnandgaon, District Rajnandgaon (C.G.) ... Respondent(s) For Petitioner : None. For State : Mr. Pranjal Shukla, Panel Lawyer KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2026.01.13 18:23:20 +0530 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 13.01.2026 1. The petitioner has filed the present Writ Petition under Article 226 of the Constitution of India seeking a direction to the respondent authorities to consider his complaint and to evict/dispossess/remove the encroachers from the mortgaged property pursuant to the order dated 06.03.2024 passed by the Collector. 2. The petitioner by way of this writ petition has contended that in pursuance of the proceedings initiated under Section 14 of the SARFAESI Act, 2002, the Tahsildar has already handed over physical possession of the property to the petitioner on 05.05.2024. However, thereafter, respondents No. 6 and 7 have forcibly encroached upon the premises. He has also contended that he has already lodged a complaint before the concerned Police Station. 3. Having considered the grounds raised in the petition, this Court is of the view that the petitioner has an alternative and efficacious remedy under the Bharatiya Nagarik Suraksha Sanhita, 2023 for redressal of his grievance, including removal of unlawful occupation and police assistance. 4. Accordingly, the petitioner is relegated to avail the remedy available under the Bharatiya Nagarik Suraksha Sanhita, 2023. 5. With the aforesaid observations, the writ petition stands disposed of. Sd/- (Narendra Kumar Vyas) Judge kishore