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2026 DAILYLAW 31710 (CHH)

CENTRAL BANK OF INDIA v. STATE OF CHHATTISGARH

WPC/4073/2026 · 2026-08-05

Shri Amitendra Kishore Prasad

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Judgment text

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1 CGHC010301242026 2026:CGHC:34385 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4073 of 2026 Central Bank Of India Through Its Authorized Officer, Branch Ambikapur, District Sarguja (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - The District Collector And District Magistrate Ambikapur, District Sarguja (C.G.) 3 - Tahsildar Tahsil Ambikapur, District Sarguja (C.G.) 4 - M/s Shri Shyam Agro Products Through Its Proprietor- Shri Jay Shankar Sahu, Situated At Gram Labji, Police Station Manipur, Tahsil Ambikapur, District Sarguja (C.G.) 5 - Shri Laxman Sahu S/o Bigan Ram Sahu R/o Ward No. 46, Bilaspur Road, Ambikapur, Police Station Manipur, Tahsil Ambikapur, District Sarguja (C.G.) (Guarantor) 6 - Smt. Phuleshwari Devi W/o Shri Laxman Sahu R/o Ward No. 46, Bilaspur Road, Ambikapur, Police Station Manipur, Tahsil Ambikapur, District Sarguja (C.G.) (Guarantor) 7 - Smt. Chanda Sahu W/o Shri Jay Shankar Sahu R/o Ward No. 46, Bilaspur Road, Ambikapur, Police Station Manipur, Tahsil Ambikapur, District Sarguja (C.G.) (Guarantor) ... Respondents (Cause-title taken from Case Information System) YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2026.08.06 18:17:26 +0530 2 For Petitioner : Mr. Anand Shukla, Advocate and Ms. Shivali Dubey, Advocate For State : Dr. Saurabh Kumar Pande, Deputy Advocate General Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 06.08.2026 1 By filing the present writ petition, the petitioner–Bank calls in question the inaction on the part of respondent Nos.2 and 3 in not implementing the order dated 09.10.2025 passed by the District Collector, Surguja under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘Act of 2002’), despite the lapse of considerable time, and seeks a direction for expeditious delivery of physical possession of the secured asset in accordance with law. The petitioner has prayed for following relief(s):- “i. That the Hon'ble Court may kindly be pleased to pass any appropriate writ, order or direction upon the respondent No. 02 & 03 to comply with the order dated 09.10.2025 passed by the Respondent No.02 in case no. 82/B-121/2023-24 and assist the Petitioner Bank in obtaining the physical possession of the secured assets as stated in the order dated 09.10.2025 as early as possible in a time bound manner, in the interest of justice. 3 ii. To kindly make any other order or writ that may be deemed fit and just in the facts and circumstances of the case including awarding of the costs to the petitioner.” 2 Learned counsel for the petitioner submits that the petitioner is a secured creditor and had initiated proceedings under the provisions of the Act of 2002 against the defaulting borrower after the loan account was classified as a Non-Performing Asset (NPA). It is submitted that the petitioner preferred an application under Section 14 of the Act of 2002 before the District Collector, Surguja, which, pursuant to the order passed by this Court in W.P.(C) No.1065/2025, was allowed by the District Collector vide order dated 09.10.2025, directing delivery of physical possession of the secured asset to the petitioner Bank. Learned counsel submits that despite the aforesaid order and repeated approaches to the concerned Tahsildar for its implementation, no effective steps have been taken and possession of the mortgaged property has not yet been handed over to the petitioner Bank. It is, therefore, prayed that respondent Nos.2 and 3 be directed to execute the order dated 09.10.2025 and hand over physical possession of the secured asset to the petitioner within a stipulated period. 3 Learned State counsel submits that if the order dated 09.10.2025 passed by the District Collector under Section 14 of the Act of 2002 has not yet been implemented, appropriate steps shall be 4 taken by the concerned authorities to ensure its execution in accordance with law. 4 I have heard learned counsel for the parties and perused the material available on record. 5 Considering the facts of the case and the limited relief sought in the writ petition, namely, implementation of the order dated 09.10.2025 passed by the District Collector, Surguja under Section 14 of the Act of 2002, this Court deems it appropriate to dispose of the present writ petition, without issuing notice to the private respondents, with a direction to respondent No.3/Tahsildar, Ambikapur, to take consequential steps for execution of the order dated 09.10.2025 and hand over physical possession of the secured asset to the petitioner Bank, in accordance with law, as expeditiously as possible, preferably within a period of two months from the date of receipt of a certified copy of this order. 6 It is made clear that this Court has not expressed any opinion on the merits of the dispute and the competent authorities shall proceed strictly in accordance with law. 7 Accordingly, the writ petition stands disposed of. No order as to costs. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh