Disposed

Bank of Baroda v. Tehsildar

Chhattisgarh HC11 Jul 2024WPC/2043/2024

Case brief

AI extract

What is this about?

This High Court order disposed of a writ petition filed by a bank seeking possession of mortgaged properties. The Court directed the Tehsildar to execute an earlier District Magistrate order within two months. The petition was disposed of without issuing notice to private respondents.

What did the court decide?

Direction to respondent No.1 (Tehsildar) to take possession of mortgaged property within two months from receipt of this order.

Bank of Baroda Vs Tehsildar — Banking and Recovery | Chhattisgarh HC (2024)

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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 2043 of 2024

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Bank Of Baroda Registered Address - Bank Of Baroda, Pandri Branch, D-28/4, Devendra Nagar, New Cloth Market, Pandri, Raipur, District Raipur (C.G.), Through Its Authorised Officer, Shri Rahul Yadav, S/o Shri Ravi Shankar Yadav, Aged About 36 Years, Designation - Chif General Manager (C.G.M.), Bank Of Baroda, Regional Office (Raipur), Jeevan Prakash, Jeevan Bima Marg, Pandri, Raipur, District Raipur (C.G.) Pin Code - 492004

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---- Petitioner

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Versus

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1-Tehsildar Raipur, Tehsil And District Raipur (C.G.)

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2 - M/s Skm Buildcon Shop No. 28, Ground Floor, Dolphin Chambers, Mahatma Gandhi Ward No. 25, Pandri, Tarai, Devendra Nagar, Raipur, District Raipur (C.G.), Pin Code - 492001, Through Its Representative, Shri Suresh Kumar Mirghani

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3 - M/s Hotel Punit Opp. Bank Of Baroda, Cloth Market Pandri Raipur, District Raipur (C.G.), Pin 492001, Through Its Representative, Shri Suresh Kumar Mirghani

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4 - Shri Suresh Kumar Mirghani C-02, Sector - 04, Devendra Nagar, Raipur, District - Raipur (C.G.), Pin Code - 492001

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5 - Shri Ravi Mirghani C-02, Sector-04 Devendra Nagar, Raipur, District Raipur (C.G.), Pin Code - 492001

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6 - Smt. Lata Mirghani C-02, Sector-04, Devendra Nagar, Raipur, District Raipur (C.G.), Pin Code - 492001

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7 - Smt. Samiksha Mirghani C-02, Sector-04, Devendra Nagar, Raipur, District Raipur (C.G.), Pin Code - 492001

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---- Respondents

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For Petitioner	:Mr. K. Rohan, Advocate.
For State/Respondent	:Mr. Dilman Rati Minj, Govt. Advocate.

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Hon'ble Shri Justice Parth Prateem Sahu

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Order On Board

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12/07/2024

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1. Petitioner has filed this writ petition seeking following

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reliefs:-

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“10.1. That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the present case.

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10.2 That, this Hon’ble Court may kindly be pleased to issue a writ of Mandamus directing the respondent No.1-Tehsildar, Raipur, District-Raipur, Chhattisgarh to take over and hand over the delivery of the secured assets/mortgaged properties of the private respondents i.e. respondents No.2 to 7 to the petitioner Bank herein in a time bound manner within 15 days in accordance with law.

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10.3 That, this Hon’ble Court may kindly be pleased to grant the cost of the petition to the petitioners.

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10.4 Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.”

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Learned counsel for the petitioner submits that petitioner is

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a secured creditor and when the loan account of respondent No.2 became Non Performing Asset (NPA), the proceeding under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(for short ‘the Act, 2002’) was initiated and thereafter the application under Section 14 of the Act, 2002 was filed for taking possession of the mortgaged property before the District Magistrate. The District Magistrate allowed the application on 14.8.2023 and

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further directed the respondent No.1-Tahsildar to comply with the orders, take possession of the mortgaged property and hand over it to the petitioner. However, till date, possession of the mortgaged property is not handed over to the petitioner. He also contended that though Tahsildar has taken steps by issuing a memo to the Maljamadar for execution of the order and taking possession of the mortgaged property, however, since December, 2023, no concrete steps have been taken, therefore, a direction be issued to respondent No.1 to comply with the order passed by the District Magistrate under Section 14 of the Act, 2002.

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Learned State counsel submits that as the petitioner is seeking only a direction to the Tahsildar, who is only an executing authority, to comply with the direction issued by the District Magistrate, he is having no objection in grant of said relief.

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I have heard learned counsel for the parties.

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As this Court is not deciding rights of any of the parties, therefore, writ petition is being disposed of without issuing notice to respondents No.2 to 7.

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Considering the facts and circumstances of the case and also nature of relief sought for, respondent No.1- Tahsildar is directed to take necessary steps to execute the order dated 14.8.2023 passed by District Magistrate and to take

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possession of mortgaged property as mentioned therein and also in the memo dated 8.12.2023 expeditiously, preferably within a period of two months from the date of receipt of the order.

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Certified copy as per rules.

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Sd/- ( Parth Prateem Sahu ) JUDGE

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Nisha

Bank of Baroda v. Tehsildar

Case brief

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Bank of Baroda v. Tehsildar

Case brief

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