Au Small Finance Bank Ltd. v. State of Chhattisgarh
Writ Petition (Civil) – Article 226 – SARFAESI Section 14 possession – re-entry by third parties
Case brief
What is this about?
SARFAesi Section 14 possession handover by Tahsildar dated 2-9-2025 to Au Small Finance Bank Ltd.; forcible breaking of door and re-entry into mortgaged house by respondents Manish Kumar Yadav and Bharti Bai Yadav; police complaint at Police Station Sirsa with no action; Article 226 writ petition seeking eviction/dispossession of encroachers; alternate and efficacious remedy under Bharatiya Nagarik Suraksha Sanhita, 2023; writ petition disposed of with interlocutory applications; High Court of Chhattisgarh at Bilaspur; WPC No. 6547 of 2025; 2026:CGHC:1634; Justice Narendra Kumar Vyas; order dated 12/01/2026.
What did the court decide?
An alternate and efficacious remedy being available to the petitioner, the petitioner was directed to pursue the remedy available to him under the Bharatiya Nagarik Suraksha Sanhita, 2023 instead of seeking eviction directions from the writ Court.