In this writ petition, the company sought relief against the inaction of the Tehsildar in complying with an order passed by the District Magistrate under Section 14 of the SARFAESI Act, 2002.
Directed respondents to ensure proceedings are initiated on the memo dated 25.04.2022 within 45 days.
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NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Writ Petition (C) No. 2907 of 2022
1. L&T Finance Company Limited (Earlier L & T Housing Finance Limited), Through Authorized Officer Anirudh Shrivastava, Aged 36 Years, S/o Shri C.P. Shrivastava. Corporate Office- Brindavan, C.S.T. Road, Kalina, Santa Cruz East, Mumbai, 400098. Branch Office- 1st Floor, Simran Tower, Pandri, Raipur, Chhattisgarh
---Petitioner(s)
Versus
1. State Of Chhattisgarh Through District Magistrate- District Raipur, At Collectorate Parisar, Ghadi Chowk, Raipur, Chhattisgarh
2. Tehsildar Raipur Tehsil Office, Opposite R.D.A. Building, Kutchery Chowk, Raipur, Chhattisgarh
3. Additional Tehsildar Raipur Tehsil Office, Opposite R.D.A. Building, Kutchery Chowk, Raipur, Chhattisgarh
---Respondents
For Petitioner : Shri Lukesh Kumar Mishra, Advocate. For State : Shri Ghanshyam Patel, Govt. Advocate.
Hon'ble Shri Justice P. Sam Koshy Order on Board
13.07.2022
1. The grievance of the petitioner in the present writ petition is the inaction on the part of the respondent No.2 in not taking steps for compliance of the order passed by the District Magistrate, District Raipur, in an order under Section 14 of the The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, the Act, 2002) that was passed.
2. Learned counsel for the petitioner submits that after the order by the District Magistrate under Section 14 of the Act, 2002, the matter was placed before the respondent No.2, the Tehsildar, who, in turn, has issued a memo and has also instructed the Mal Jamadar in respect of the same, however, there has been no further progress.
3. Learned counsel for the State submits that considering the memo that was issued by the respondent No.2 was of April, if further steps are not being taken, let the writ petition itself be disposed of directing the respondents
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No.2&3 for taking necessary steps for compliance of the order of the District Magistrate under Section 14 of the Act, 2002.
4. Without entering into the merits of the case, the writ petition as of now stands disposed of directing the respondents No.2&3, as the case may be, to ensure that further proceedings be drawn at the earliest on the memo that was issued on 25.04.2022 at the earliest within an outer limit of 45 days from the date of receipt of copy of this order.
5. The writ petition accordingly stands disposed of.
Sd/-
inder
1 issue framed by the court
Whether the Tehsildar is in default for non-compliance with the order of the District Magistrate passed under Section 14 of the SARFAESI Act, 2002
1 provisions across 1 enactments
L&T Finance Company Limited
State Of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
