Disposed

Jm Financial Asset Reconstruction Company Limited v. State of Chhattisgarh

Chhattisgarh HC7 Dec 2023WPC/4928/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a writ petition seeking direction to the Tehsildar, Raipur, to decide an application for demarcation of two plots within 30 days, without examining the merits of the case or touching the merits of the underlying recovery proceedings.

What did the court decide?

Directed Respondent No. 2 (Tehsildar) to consider and decide the application/Revenue case for demarcation within 30 days.

Jm Financial Asset Reconstruction Company… — Writ and Judicial Review | Chhattisgarh HC (2023)

¶1

NAFR

¶2

HIGH COURT OF CHHATTISGARH, BILASPUR

¶3

WPC No. 4928 of 2023

¶4

JM Financial Asset Reconstruction Company Limited (Acting In Its Capacity As Trustee Of UCO Bank March 2014- Trust) Through Its Authorised Signatory Ms. Mitakshi Ashar D/o Shri Hemant Ashar, Aged About - 38 Years Registered Address- 7th Floor, Cnergy, Appasaheb Marathe Marg, Prabhadevi, Mumbai- 400025, District : Mumbai, Maharashtra ---- Petitioner

¶5

Versus

¶6

1. State Of Chhattisgarh Through Collector Raipur, Collectorate Campus, Raipur, District- Raipur, CG- 492001

¶7

2. State Of Chhattisgarh Through Tehsildar, Tehsil- Raipur, Raipur, Tehsil- Office, Near Byron Bazar, Raipur, DistrictRaipur, CG- 492002, District : Raipur, Chhattisgarh

¶8

3. The Bastar Oil Mills And Industries Limited Through Its Managing Director Mr. Prithiviraj Agarwal, S/o Shri Kundanlal Agarwal, R/o H.No. 5, Mahamaya Vihar, New Gayatri Nagar, Raipur, C.G- 492002, District : Raipur, Chhattisgarh

¶9

4. Mr. Prithviraj Agarwal S/o Shri Kundanlal Agarwal, R/o H.No. 5, Mahamaya Vihar, New Gayatri Nagar, Raipur, CG492002 ---- Respondents

¶10

For Petitioner :- Mr. K. Rohan, Advocate For Respondents No.1 & 2:Mr. Rahul Jha, G.A

¶11

Hon’ble Shri Justice Naresh Kumar Chandravanshi Order On Board

¶12

07.12.2023

¶13

Heard on admission.

¶14

This petition has been filed by petitioner not against any particular order, but, only to direct respondent No.2 to decide his application / Revenue case for conducting and completing the demarcation proceedings.

¶15

Learned counsel for the petitioner would submit that pursuant to order passed by the Debt Recovery Tribunal, Jabalpur dated 14.3.2013 for recovery of amount to the tune of Rs.14,67,83,691.75/- from respondents No. 3 and 4 in Original Application (OA) No.193/2011, after issuance of recovery certificate, UCO Bank, Raipur assigned the charge to the petitioner / Company for recovery of aforesaid loan amount, assignment agreement was also executed between them i.e., between UCO Bank, Raipur and petitioner. Thereafter, recovery proceedings were initiated before the Debt Recovery Tribunal, Jabalpur in which it was felt that demarcation of two adjoining plots situated at Gram Shankar Nagar, Halka No.63, Revenue Circle Raipur – 8, Tahsil and District Raipur (C.G.) bearing Khasra No.120/2 admeasuring 5335 sq.ft. and Khasra No.120/3 admeasuring 5226 sq.ft. is necessary in order to succeed in the auction process and also to ensure that proper title and possession is transfered to the auction purchaser, therefore, petitioner has moved application (Annexure P9) dated 14.1.2023 to get demarcated aforesaid two plots before respondent No.2. Pursuant to that respondent No.2 has acted upon and registred unnumbered Revenue Case (Annexure P11) on 27.1.2023 and report has been sought for from Patwari and Revenue Inspector, but, after first order sheet dated 27.1.2023, no further action has been taken by respondent No.2, therefore, it is prayed that this petition may be

¶16

disposed of directing respondent No.2 to consider and decide the application (Annexure P9) dated 14.1.2023/ Revenue case (Annexure P11) dated 27.1.2023 as early as possible preferably within 30 days.

¶17

Learned State counsel submits that he has no objection to allow the limited prayer made by the petitioner.

¶18

Considered the facts of the case and taken into consideration submission putforth by both the parties and perused the record with utmost circumspection.

¶19

Grievance of the petitioner is that despite filing application for demarcation of two aforesaid plots, about 10 months have been passed, but, no substantive order has been passed by respondent No.2, hence, considering the limited prayer of petitioner, this petition is disposed of at this stage by directing the respondent No.2 to consider and decide the application (Annexure P9) dated 14.1.2023/ concerned Revenue case (Annexure P11) dated 27.1.2023 within 30 days after receipt of copy of this order.

¶20

Accordingly, with the aforesaid observation and direction, the present writ petition stands disposed of at the motion stage itself.

¶21

It is made clear that this Court has not touched the merit of the case. No order as to cost(s). SD/-

¶22

( Naresh Kumar Chandravanshi ) Judge

¶23

Ayushi

Jm Financial Asset Reconstruction Company Limited v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Jm Financial Asset Reconstruction Company Limited v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Surendra Prasad Shrivastava Vs State Of Chhattisgarh

Manoj Agrawal Vs State of Chhattisgarh

Manoj Kumar Onkar Vs State of Chhattisgarh

Dr. Umakant Tiwari Vs Dr. (Smt.) Swati Vandana Singh Sisodiya

The Sarpanch Gram Panchayat Vs State of Chhattisgarh

Tejilal Tundey Vs State of Chhattisgarh