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2026 DAILYLAW 31447 (CHH)

CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, v. STATE OF CHHATTISGARH

WPC/3709/2026 · 2026-08-19

Shri Amitendra Kishore Prasad

body2026

Judgment text

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1 CGHC010267302026 2026:CGHC:37455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3709 of 2026 1 - Cholamandalam Investment And Finance Company Limited, Through- Its Regional Manager, 7th Floor, Currency Tower, V I P Chowk, G.E. Road, Raipur, Chhattisgarh. ... Petitioner Versus 1 - State of Chhattisgarh Through- The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Sector 19, Atal Nagar, Naya Raipur, Chhattisgarh-492002 2 - District Magistrate, District- Raipur, Chhattisgarh 3 - Tehsildar, Tehsil And District- Raipur, Chhattisgarh 4 - Maal Jamadaar, Tehsil And District- Raipur, Chhattisgarh 5 - Sanjay Awasthi, S/o- Late Shri Kamta Prasad Awasthi, Aged About 56 Years Address-1/20 Main Road, Geeta Nagar, Raipur, District- Raipur, Chhattisgarh 6 - Premlata Tiwari D/o- Late Shri Kamta Prasad Awasthi, Aged About 58 Years Address-1/20 Main Road, Geeta Nagar, Raipur, District- Raipur, Chhattisgarh 7 - Manish Kumar Awasthi S/o Late Shri Kamta Prasad Awasthi Aged About RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.08.21 15:31:55 +0530 2 54 Years Address-1/20 Main Road, Geeta Nagar, Raipur, District- Raipur, Chhattisgarh 8 - Meena Awasthi W/o- Late Shri Kamta Prasad Awasthi, Aged About 79 Years Address-1/20 Main Road, Geeta Nagar, Raipur, District- Raipur, Chhattisgarh. ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Faiz Kazi, Advocate. For State : Mr. Soumitra Kesharwani, P.L. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 20.08.2026 1. By the present writ petition, the petitioner is seeking following reliefs:- “10.1. This Hon’ble Court may be kind enough to issue a writ, order or direction in the nature of mandamus directing the respondent authorities to execute the possession warrant dated 11.06.2026, issued in pursuance of the order dated 13.11.2017 passed by the respondent No. 2/learned District Magistrate, Raipur (C.G.) and thereby deliver the possession of the secured asset to the Petitioner company; 10.2 This Hon’ble Court may be kind enough to issue a writ, order or direction in the nature of mandamus directing the respondent authorities to execute the order dated 13.11.2017 (Annexure P/2) passed by the learned District Magistrate, District Raipur, Chhattisgarh under Section 14 of the SARFAESI Act, and hand over the possession of the secured asset to the petitioner within a stipulated time frame as this Hon’ble Court deems fit. 10.3 This Hon’ble Court may be pleased to pass any other order(s) as it deems fit, in the interest of justice.” 3 2. Learned counsel for the petitioner submits that, despite issuance of the possession warrant dated 11.06.2026, the petitioner company, Cholamandalam Investment and Finance Company Limited, has not yet been handed over possession of the mortgaged property. It is, therefore, prayed that necessary directions be issued to the Tehsildar, Raipur (C.G.), for taking appropriate steps to ensure compliance with the possession warrant. 3. Learned counsel for the State does not oppose the prayer made by the petitioner. 4. Having considered the submissions made by learned counsel for the parties and having regard to the facts and circumstances of the case, the petitioner is directed to submit an appropriate application, along with all relevant documents, before the concerned Tehsildar. Upon receipt of such application, the concerned Tehsildar shall consider the claim of the petitioner and pass an appropriate order in accordance with law, preferably within a period of 45 days from the date of receipt of copy of this order. 5. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju