1 CGHC010206472026 2026:CGHC:35742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2662 of 2026 1 - Jana Small Finance Bank Limited Through Its Authorised Officer Bhaktraj Gajanan Raut S/o Shri Gajanan Raut Aged About 26 Years Having Branch Office At Malay Heights First Floor Opp Reserve Bank Of India Mahadev Ghat Road Sundar Nagar Raipur 492001 (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary Department Of Revenue Mahanadi Bhawan Atal Nagar Nava Raipur Raipur (Chhattisgarh) 2 - The Collector District- Korba Pin 495667 (Chhattisgarh) 3 - The Tehsildar Tehsil Korba District- Korba Pin 495667 (Chhattisgarh) 4 - Maal Jamadar Tehsil- Korba District- Korba Pin- 495667 (Chhattisgarh) 5 - Dilip Madal S/o Shri Sonmani Mandal R/o 544 Indira Nagar Ward No 3 Korba Town Tehsil And District - Korba Pin 491111 (Chhattisgarh) (Present Correct Name And Address 6 - Sangeeta Devi W/o Dilip Mandal R/o 544 Indira Nagar Ward No 3 Korba Town Tehsil And District - Korba Pin 491111 (Chhattisgarh) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Ritesh Sharma, Advocate For State :- Mr. S.S. Choubey, G.A. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 12.08.2026 1. Following reliefs have been prayed in this petition:- “10.1. That this Hon'ble Court may be pleased to issue an appropriate writ, order, or direction to the Tehsildar,Korba, District Korba, to facilitate the handing over of lawful possession of the mortgaged property to the Petitioner within two weeks without fail, in the interest of justice. 10.2. That, this Hon'ble Court may graciously be pleased to issue an appropriate writ, order, or direction to the Tehsildar, Korba in light of the judgments passed in AU Small Finance Bank Limited (Supra) and PNB Housing Finance Ltd. (Supra), directing that after obtaining an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the secured creditor shall not be compelled to run from pillar to post for execution of such order, and further directing the Tahsildar to ensure timely and effective execution of the said order, in the interest of justice. 10.3. That, any other relief/order which may deem fit and just in the facts and circumstances of the case may also be granted in favour of the petitioner with cost.” 3 2. At the outset, learned counsel for the petitioner submits that the issue involved in the present writ petition stands squarely covered by the order passed by this Court in WPC No. 2664 of 2026 (Griham Housing Finance Limited vs. State of Chhattisgarh and Others) decided on 03.07.2026. It is jointly prayed that the present writ petition may also be disposed of in terms of the observations and findings recorded therein. 3. Learned counsel appearing for the respondents has no objection to the aforesaid prayer. 4. The relevant paragraphs of the said judgment are reproduced below:– “6. It is not in dispute that the petitioner, a secured creditor, had initiated proceedings under the provisions of the SARFAESI Act, 2002, and pursuant thereto, an application under Section 14 of the Act was preferred before the learned Chief Judicial Magistrate, District Ambikapur. It is further an admitted position that the learned Chief Judicial Magistrate, vide order dated 9.2.2026, allowed the said application and categorically directed the concerned Tahsildar to take peaceful physical possession of the secured asset and hand over the same to the petitioner, with liberty to seek police assistance, if required. The said order has not been shown to have been set aside or stayed by any competent forum. In such circumstances, once an order under Section 14 of the SARFAESI Act has been passed by the competent Magistrate, the role 4 of the executing authority, i.e., the Tahsildar, is ministerial in nature and it is incumbent upon the said authority to give effect to the order in its true letter and spirit. 7. Accordingly, considering the facts and circumstances of the case, in particular that the order under Section 14 of the SARFAESI Act has already been passed, this Court deems it appropriate to direct respondent No. 2 – the concerned Tahsildar, District Ambikapur, to comply with the order and directions issued by the learned Chief Judicial Magistrate vide order dated 9.2.2026, in its letter and spirit, if the same has not been challenged before the competent forum, expeditiously. 8. With the aforesaid direction, the writ petition stands disposed of. No order as to costs.” 5. Since the grievance of the petitioner is identical to the one considered inWPC No. 2664 of 2026 (Griham Housing Finance Limited vs. State of Chhattisgarh and Others) decided on 03.07.2026, 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. No order as to cost(s). sd/- (Amitendra Kishore Prasad) Judge Vishakha