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2026 DAILYLAW 18858 (CHH)

HERO FINCORP LTD. v. STATE OF CHHATTISGARH

WPC/2336/2026 · 2026-05-10

Shri Amitendra Kishore Prasad

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Judgment text

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1 2026:CGHC:21919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2336 of 2026 1 - Hero Fincorp Ltd. Through Authorised Officer Ram Badan Soni, S/o Late Mangal Prasad Soni, Aged About 48 Years, Office At City Road, Saket Vihar, Changorabhanta, Raipur, Distt. Raipur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue And Disaster Management Department, Raipur, Distt. Raipur, Chhattisgarh. 2 - District Magistrate Cum Collector Raipur, Distt. Raipur, Chhattisgarh. 3 - Tehsildar Raipur, Distt. Raipur, Chhattisgarh. 4 - M/s Jai Mata Di Paper Mill Private Limited Through Director Suraj Bhan Sharma, Office At Plot No. 409, House No. 349, V.I.P. Chowk Sundar Nagar, Raipur, Distt. Raipur, Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Saket Pandey, Advocate VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 For State :- Mr. Shreyansh Mehta, P.L. ----------------------------------------------------------------------------------------------- SB-Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 11.05.2026 1. The petitioner has filed this Writ Petition seeking following reliefs:- “10.1. That, the records pertaining to the revenue case of the petitioner, may be kindly called for the kind perusal of this Hon'ble Court. 10.2 That, the Hon'ble Court may kindly direct the respondent authority to decide the representations preferred by the petitioner, in the interest of justice. 10.3. That any other relief which this Hon'ble court may deem fit and just in the facts and circumstances of the case.” 2. At the outset, learned counsel for the petitioner submit that the issue involved in the present writ petition stands squarely covered by the order passed by this Court in WPC No.2263 of 2026 (Bank of India vs. State of Chhattisgarh and others) decided on 07.05.2026. He prays that the present writ petition may also be disposed of in terms of the observations and findings recorded therein. The relevant paragraphs of the said judgment are reproduced below:– 3 “5. Heard learned counsel for the parties and perused the material available on record. 6. From the pleadings and documents filed by the petitioner, it appears that after declaration of the loan account as Non- Performing Asset, the petitioner initiated proceedings under the provisions of the Act of 2002 and subsequently obtained an order dated 18.07.2025 under Section 14 of the Act of 2002 from the District Magistrate concerned. The grievance of the petitioner is that despite passing of the order under Section 14 of the Act of 2002 and despite submission of representations before the Tahsildar, no consequential action has been taken for providing possession of the secured asset. 7. Considering the aforesaid aspect of the matter, this Court deems it appropriate to dispose of the present writ petition with a direction to the concerned Tahsildar to consider and decide the pending proceedings/representation of the petitioner and take consequential steps in accordance with law within a period of 45 days from the date of receipt of certified copy of this order, if there is no hindrance in deciding the same application or if there is no order of stay passed by any higher authority or competent Court. 8. It is made clear that this Court has not expressed any opinion on the merits of the 4 case and the authority concerned shall proceed strictly in accordance with law. 9. Accordingly, the writ petition stands disposed of.” 3. Learned State counsel submits that he has no objection to the aforesaid prayer. 4. Since the grievance of the petitioner is identical to the one considered in WPC No.2263 of 2026 (Bank of India vs. State of Chhattisgarh and others) decided on 07.05.2026, and the petitioner in the present case is also seeking the same relief, the writ petition is accordingly disposed of in terms of and in line with the aforesaid order. 5. No order as to cost(s). sd/- (Amitendra Kishore Prasad) Judge Vishakha