Tahsildar must implement Section 14 orders and deliver possession within 45 days, absent legal impediment.

After the borrower’s account was classified as a non-performing asset, Bank of Baroda initiated proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”). Following notices under Section 13(2) and a possession notice, the Bank obtained an order under Section 14 from the Chief Judicial Magistrate on 22 June 2026.

The Bank alleged that the concerned Tahsildar had not taken consequential steps to secure possession despite repeated representations, and sought directions for implementation of the order.

The State submitted that the order required processing by the revenue authorities and did not oppose a direction requiring action within a reasonable time.

Whether the concerned Tahsildar should be directed to implement the Chief Judicial Magistrate’s order under Section 14 of the SARFAESI Act and take consequential steps to hand over possession of the secured asset.

Whether such action should be subject to any legal impediment or stay order issued by a competent court or authority.

The Court considered Sections 13(2) and 14 of the SARFAESI Act, 2002, in the context of the Bank’s enforcement proceedings.

It proceeded on the basis that, after an order under Section 14 has been passed, consequential steps for taking possession may be carried out by the concerned authorities in accordance with law. The Court cited no precedent and expressed no opinion on the merits of the underlying matter.

The Court noted that the Bank had obtained a Section 14 order but alleged that no consequential action had followed despite its representations.

Given the State’s position that the matter was to be processed by the revenue authorities and its lack of objection to a time-bound direction, the Court considered it appropriate to direct the Tahsildar to implement the order and take the necessary steps. The direction was qualified by the requirement that there be no legal impediment or stay from a competent court or authority, and that the authorities act in accordance with law.

The Court clarified that it had expressed no opinion on the merits.