2024:CGHC:32914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 140 of 2017 Judgment reserved on 08/05/2024 Judgment passed on 28/08/2024 State Bank Of India A Banking Company Incorporated And Constituted Under The State Bank Of India Act, 1955 Through Its Authorized Officer- Cum-Chief Manager, Kishore Mall S/o Late Shri S. L. Mall, Aged About 58 Years, S A R B Sector- 1, Bhilai, District Durg Chhattisgarh, Chhattisgarh ... Petitioner versus

1 - State Of Chhattisgarh Through The Secretary, Food And Civil Supply Corporation And Consumer Protection Department, Mahanadi Bhawan, Mantralaya, Naya Raipur Chhattisgarh, Chhattisgarh 2 - The Collector, Korba, District Korba, Chhattisgarh.

3 - The Tahsildar, Katghora, District Korba Chhattisgarh.

4 - M/s Om Sai Rice Mill, Through Its Proprietor Goldi Jaiswal, S/o Harprasad Jaiswal, R/o Village Nawagaon, Ward No. 5, P. S. Katghora, District Korba Chhattisgarh

5 - Goldy Jaiswal, S/o Harprasad Jaiswal, Aged About 33 Years Proprietor Om Sai Rice Mill, Katghora, R/o Village Nawagaon, Ward No. 5, P. S.

Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh

6 - Vimla Devi Jaiswal, W/o Har Prasad Jaiswal, Aged About 52 Years R/o Village Nawagaon, Ward No. 5, P. S. Katghora, District Korba Chhattisgarh, District : Korba, Chhattisgarh

7 - Chhattisgarh State Co-Operative Marketing Federation, Korba, District Korba Chhattisgarh

8 - District Marketing Officer, Korba, District Korba Chhattisgarh ... Respondents (Cause title taken from Case Information System)

For Petitioner : Mr. P.R. Patankar, Advocate For Respondents/State : Mr. Ajay Pandey, Govt. Advocate For Respondents No. 7 & 8 : Mr. Ashish Surana, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal C.A.V. Judgment

1.

The present petition has been filed by the petitioner-Bank against the order dated 22.09.2016 (Annexure P-12), passed by the District Magistrate, Korba, in Revenue Case No. 69/B-121/2015-16, whereby the District Magistrate has rejected the application filed by the petitioner-Bank for physical possession of the secured assets i.e. mortgaged property land bearing Khasra No. 36/1K/3 situated at village Nawagaon, Tahsil Katghora, District Korba to the petitioner- Bank. The petitioner has also challenged the sale proclamation dated 29.06.2015, issued by the Tahsildar Katghora, District Korba under Section 147-A of the Chhattisgarh Land Revenue Code, 1959. The petitioner prayed for the following reliefs in the petition :

“(i) That, this Hon'ble Court may kindly be pleased to call for the entire record relating to issuance of impugned order dated 22/09/2016 from the District Magistrate, Korba in Revenue Case No. 69/B-121/2015-16 for its kind perusal.

(ii) That, this Hon'ble Court may kindly be pleased to set aside /quash the impugned order dated 22/09/2016 passed by the District Magistrate, Korba in Revenue Case No. 69/B-

121/2015-16 (iii) That, this Hon'ble Court may kindly be pleased to set aside/quash the sale proclamation issued by the Tahsildar so far as it relates to Khasra No. 36/1K/3 mortgaged with the Bank (iv) That, this Hon'ble Court may be pleased to direct the District Magistrate, Korba to pass suitable order for delivering the physical possession of the mortgage property to the petitioner Bank.

(v) Cost of the petition be allowed.

(vi) Any other relief, as it appears to be fit and appropriate to this Hon'ble Court in the facts and circumstances of the present case.”

2.

The brief facts of the case, as per the pleading of the writ petition, are that the petitioner is a banking company incorporated and constituted under the State Bank of India Act, 1955. The respondent No. 5 had taken credit facilities from the petitioner-Bank with the cash credit limit of Rs. 12 lakhs, term loan and bank guarantee of Rs.40 lakhs. The loan was sanctioned to the respondent No. 5 on 10.012011. The borrower M/s. Om Sai Rice Mill and its proprietor- the respondent No. 5 Goldy Jaiswal has mortgaged his property through Equitable Mortgage by depos