The Tehsildar or concerned Revenue Authority is under a statutory obligation to execute orders passed by the CMM/DM under Section 14 of the SARFAESI Act without unnecessary delay, as the process is ministerial and time-sensitive to prevent frustrating the Act's object.

Digitally signed by BINI PRADEEP Date: 2026.03.09 10:52:26 +0530

Order on Board

1. With the consent of learned counsel for the parties, the matter is heard finally.

2. 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 28.3.2025 passed by the learned Chief Judicial Magistrate, Raigarh under the provisions of Section 14 of the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘SARFAESI Act 2002’).

3. Learned counsel appearing for the petitioner submits that despite there being clear order passed under Section 14 of SARFAESI Act 2002, the Tehsildar, Raigarh, District Raigarh 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 Tehsildar, Raigarh is under obligation to comply with the direction/order passed under the provisions of Section 14 of SARFAESI Act of 2002. Hence, learned counsel prays for a direction to the concerned Tehsildar to comply with the order passed under Section 14 of SARFAESI Act of 2002.

4. Learned counsel for the State/respondent Nos. 1 & 2 has no objection in allowing the petition.

5. I have heard learned counsel appearing for the petitioner and perused the documents placed 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 SARFAESI Act of 2002 is not being executed by the Tehsildar. The scheme of SARFAESI Act of 2002 enjoins the District Magistrate / Chief Judicial Magistrate to pass an order under Section 14 of SARFAESI Act of 2002 within the extended period of 60 days and thereafter, the Tehsildar or the concerned Revenue Authority to execute such order without any unnecessary delay. Merely because, time frame is not prescribed for execution of an order passed under Section 14 of SARFAESI Act of 2002, does not mean that the concerned Tehsildar would sit over the matter, thereby frustrating the object of SARFAESI Act of 2002.

7. The Hon’ble Supreme Court in the matter of R.D. Jain & Co. Vs. Capital First Limited and Others, reported in 2023 (1) SCC 675, while explaining the object of jurisdiction under Section 14 of the Act of 2002 held as under :

"23. However, for taking physical possession of the secured assets in terms of Section 14 (1) of the SARFAESI Act, the secured creditor is obliged to approach the CMM/DM by way of a written application requesting for taking possession of the secured assets and documents relating thereto and for being forwarded to it (secured creditor) for further action. The statutory obligation enjoined upon the CMM/DM is to immediately move into action after receipt of a written application under Section 14 (1) of the SARFAESI Act from the secured creditor for that purpose. As soon as such an application is received, the CMM/DM is expected to pass an order after verification of compliance of all formalities by the secured creditor referred to in the proviso in Section 14 (1) of the SARFAESI Act and after being satisfied in that regard, to take possession of the secured assets and documents relating thereto and to forward the same to the secured creditor at the earliest opportunity.

24. As mandated by Section 14 of the SARFAESI Act, the CMM/DM has to act within the stipulated time-limit and pass a suitable order for the purpose of taking possession of the secured assets within a period of 30 days from the date of appl