INDIA RESURGENCE ARC PRIVATE LIMITED vs DISTRICT COLLECTOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (CIVIL) NO. 5653 OF 2022 • India Resurgence ARC Private Limited, having its Registered Office at 3rd Floor, Unit 304, Piramal Tower, Peninsula Corporate Park, Lower Parel, Mumbai - 400013. Through its: Authorized Representative Mr. Shakti Srivastava.
... Petitioner versus
1. District Collector, Dhamtari, Office of the Collectorate, Daneetola, Dhamtari, Chhattisgarh. 493773.
2. Chief Judicial Magistrate, Office of the District and Sessions Judge, Dhamtari, behind Collectorate Building, Rudri Road, Dhamtari Chhattisgarh 493773.
3. Bhagyoday Furniture Udyog, Bhatena Chowk, Raipur Road, Dhamtari Chhattisgarh - 493773 also at- Kharsa No. 113/18 and 113/4, Bathena, Ward No.6, Patwari Halka No.13, R.I. Circle Bothali, Dhamtari, Chhattisgarh.
4. New Dhirendra Furniture Mart, Raipur Road, Bathena Chowk, Dhamtari, Chhattisgarh. 493773.
5. Jagdish Dewangan, S/o Ishwar Chand Dewangan Bhagyoday Furniture, Bhatena Chowk, Raipur Road, Dhamtari, Chhattisgarh
493773.
6. Ratna Devi Dewangan, W/o Jagdish Chandra Dewangan, Bhatena Chowk, Raipur Road, Dhamtari Chhattisgarh. 493773 ... Respondents For Petitioner : Mr. Hemant Gupta, Advocate.
For Respondent-State : Ms. Akanksha Jain, Dy. G.A.
_______________________________________________________
Hon’ble Shri Justice P. Sam Koshy

Advocates:
['HEMANT GUPTA', '', 'GARIMA SAXENA D', 'A G']

Order on Board

[16/12/2022]

1. The limited relief that the Petitioner seeks for in the present Writ Petition is for an appropriate direction to Respondent No. 1 to ensure that the Order under Section 14 passed by Respondent No.1 as early as on 22.12.2018 be executed in its letter and spirit and the Respondent No.1 to take all necessary steps in this regard by either deputing Officer concerned for taking possession over the mortgage property and also further ordering the Authorities concerned for taking necessary police protection, if so need arises, for the said purpose.

2. Learned Counsel for Petitioner submits that in the instant case Section 14 proceedings have been initiated and drawn and an Order was passed as early as on 22.12.2018. However, till date, the Petitioner has not been able to reap the fruits of the said Oder, nor have the District Magistrate taken steps for taking physical possession of the secured assets.

3. Given the limited relief that the Petitioner seeks for and also considering the nature of relief sought for, this Court is of the opinion that the present Writ Petition as of now can be disposed of directing the Respondent No. 1 to ensure that the Order under Section 14 passed by the Respondent No.1 is honoured in its letter and spirit. That for this Respondent No.1 may issue appropriate suitable direction to the concerned sub-ordinate officers under the District Magistrate to take possession of the said subject land situated at Khasra No. 113/18 & 113/4, Bathena Ward No.6, PP No.13, RNM Bothal, Tehsil & District Dhamtari. If required, the District Magistrate may also issue necessary instruction to the concerned local administration for providing necessary police protection towards compliance of the Order of the District Magistrate under Section 14. Let the entire exercise be concluded within an outer limit of 60 days from the date of receipt of copy of this Order.

4. The District Magistrate may issue necessary steps and orders only after due verification of facts, as to whether there is any challenge to the Order under Section 14 and whether there is any stay operating against the said Order under Section 14.

5. With aforesaid direction, the Writ Petition stands disposed of.

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