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2026:CGHC:14985

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 1424 of 2026 Aavas Financiers Ltd. Earlier Known As A.U. Housing Finance Limited, Having Registered Office At 201, 202 Second Floor, South And Square, Mansarovar Industrial Area, Jaipur Rajasthan, Branch Office At B-1, Second Floor, Nagdev Plaza, Kutchery Chowk, Raipur Chhattisgarh Through Jagdev Singh, Area Legal

Manager At Petitioner Bank ... Petitioner

versus

1 - The Tahsildar Raipur, District Raipur Chhattisgarh 2 - Naib Tahsildar Raipur, District Raipur Chhattisgarh

3 - District Magistrate Cum Collector Raipur, District Raipur Chhattisgarh

4 - Rahul Kumar Mishra S/o Tribhuvan Prasad Mishra R/o Pragati Nagar, Near Shiv Mandir, Bada Ashok Nagar, Gudhiyari, Raipur District Raipur Chhattisgarh

5 - Tribhuvan Prasad Mishra S/o Shyam Sundar Mishra R/o Pragati Nagar, Near Shiv Mandir, Bada Ashok Nagar, Gudhiyari, Raipur District Raipur Chhattisgarh

6 - Smt. Vandana Mishra W/o Tribhuvan Prasad Mishra R/o Pragati Nagar, Near Shiv Mandir, Bada Ashok Nagar, Gudhiyari, Raipur District Raipur Chhattisgarh

7 - Sunil Kol S/o Mohan Kol R/o Ward No. 10, Kolan Tola, Dalko Kothar, 228, Papaundh, Shahdol, District Shahdol M.P.

... Respondents

For Petitioner : Mr. Ayush Verma, Advocate For Respondents 1 to 3/State : Mr. Amit Nayak, Panel Lawyer

For Respondents 4 to 7 : Mr. Raman Mishra, Advocate

(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

01.4.2026 Digitally signed by

BINI BINI PRADEEP PRADEEP Date:

2026.04.02

17:29:04 +0530

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1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India aggrieved by non-execution of order dated 24.3.2025 passed by the learned District Magistrate, Raipur under the provisions of Section 14 of the Secutarization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act of

2002’).

2. Learned counsel appearing for the petitioner submits that despite there being clear order passed under Section 14 of the Act of 2002, by the District Magistrate, Raipur vide Annexure-P/1, the Tahsildar, Raipur failed to discharge his statutory duty. He further submits that non-performing Assets are a huge burden on the public exchequer, banking and financial system and, therefore, the Tahsildar, Tahsil Raipur, Distt. Raipur is under obligation to comply with the direction/order passed by the District Magistrate under the provisions of Section 14 of the Act of 2002. Hence, learned counsel prays that direction may be issued to the Tahsildar, Raipur to comply with the order dated 24.3.2025 passed by the District Magistrate, Raipur under Section 14

of the Act of 2002.

3. Learned counsel appearing for respondents 4 to 7 submits that the private respondents, who are borrowers, have challenged the impugned Order dated 24.3.2025 (Annexure-P/1) before the Debt Recovery Tribunal (DRT), Jabalpur bearing Secutarization Application No.538/2025, which has been listed for hearing on 21.9.2026, therefore, relief sought for by the

petitioner may not be granted.

4. When specific question was posed to learned counsel appearing for respondents 4 to 7, as to whether any stay order has been passed by DRT, Jablapur in the aforesaid application, he submits that no such order has been

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passed. Since no stay order has been passed by DRT, Jabalpur, this Court is

inclined to grant relief to the petitioner.

5. I have heard learned counsel for the parties and perused the material

available on record.

6. It is surprising to note that time and again, this Court is coming across cause of action raised by the Bank aggrieved by the fact that order passed under Section 14 of the Act of 2002 is not being executed by the Tahsildar. The scheme of the Act of 2002 enjoins the District Magistrate / Chief Judicial Magistrate to pass an order under Section 14 of the Act of 2002 within the extended period of 60 days and thereafter, the Tahsildar or the concerned Revenue Authority to execute such