Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Chh) 7881

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Arvind Kumar Verma, J
Central Bank Of India Through Its Authorized Officer, Branch Ambikapur, District - Sarguja (C.G.) – Appellant
Versus
State Of Chhattisgarh Through Its Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhavan, Atal Nagar, Nava Raipur, District - Raipur (C.G.) – Respondent
WPC No. 3621 of 2025

Advocates:
For the Appellants/Petitioners: Mr. Anand Shukla
For the Respondents: Mrs. Akansha Verma Dabhadkar

Writ petition for enforcement of possession order under Section 14 of the Act with stipulated compliance timeline.

Headnote:The petitioner seeks compliance of the District Magistrate's order dated 08.08.2024, which granted possession of secured assets under Section 14 of the Act of 2002. The court finds merit in the petition and directs the Respondent no. 2 to conclude proceedings within 60 days. The lack of objection from the State reinforces the petitioner's claim.

Table of Content
1. petitioner seeks enforcement of a district magistrate's order. (Para 2)
2. absence of objections from the state supports the petitioner's request. (Para 3 , 4)
3. court directs prompt compliance with the existing order. (Para 5)

Order on Board

14/07/2025

1. The petitioner has filed this writ petition seeking following reliefs:

“10.1 That, the Hon’ble Court may kindly be pleased to pass any appropriate writ, order or direction upon the respondent authorities to comply with the order dated 08.08.2024 passed by Respondent no. 2 and assist the petitioner bank in obtaining the physical possession of the secured assets as stated in the order dated 08.08.2024 in a time bound manner, in the interest of justice.

10.2 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 learned District Magistrate/Respondent no. 2 vide order dated 08.08.2024 has allowed the application under Section 14 filed by the Petitioner Bank and thereby ordered to grant the possession of the secured assets to the Petitioner Bank but till date the Petitioner Bank has not been given the possession of the secured assets. The learned counsel is praying for a similar order that has been passed by the Co-ordinate Bench of this Court in WPC No.

3124/2024 vide order dated 26.06.2024.

3. Learned counsel for the State raised no objection in this regard.

4. Heard learned counsel for the respective parties and perused the record with utmost circumspection.

5. Considering the facts of the case, nature of relief sought in the writ petition that is only for the compliance of the order dated 08.08.2024 passed by Respondent no. 2 on an application submitted by petitioner under Section 14 of the Act of 2002 , this Court find it appropriate to dispose of this writ petition without issuing notice to other private respondents, directing Respondent no. 2 to conclude the proceedings arising out of order dated 08.08.2024 at the earliest preferably within 60 days from the date of receipt of copy of this order in accordance with law. Sd/-

Click Here to Read the rest of this document