Chhattisgarh High Court
Banking and Finance LawAdministrative and Public Law

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

BANK OF BARODA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: September 30, 20262 MIN READSOURCE JUDGMENT
Tahsildar must implement Section 14 SARFAESI possession orders within 45 days, absent legal impediment.. BANK OF BARODA vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Bank initiated enforcement proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) after the borrower’s account was classified as a non-performing asset.

Source reference: no citation

Following notices under Section 13(2) and the possession notice, the Bank obtained an order under Section 14 from the District Magistrate on 23 July 2026.

Source reference: no citation

It alleged that the Tahsildar had not taken consequential steps to secure possession despite the Bank’s representations, and sought a direction for implementation of the order

Source reference: para. 2, 5

The State did not oppose a direction requiring the Tahsildar to act within a reasonable timeframe

Source reference: para. 3
02

Issues

Whether the concerned revenue authorities had failed to take consequential steps to implement the District Magistrate’s order under Section 14 of the SARFAESI Act

Source reference: para. 2, 5

Whether the Tahsildar should be directed to implement that order and take steps to hand over possession of the secured asset within a specified period

Source reference: para. 2, 6
03

Law Applied

The Court considered Sections 13(2) and 14 of the SARFAESI Act, 2002.

Source reference: para. 2, 6

The judgment proceeded on the basis that, once an order under Section 14 has been passed, consequential steps to obtain possession may be taken by the concerned authorities in accordance with law, subject to any legal impediment or stay order.

Source reference: para. 2, 6
04

Reasoning

The Court noted that the Bank had obtained a Section 14 order and that its grievance concerned the absence of consequential action by the Tahsildar despite representations.

Source reference: para. 5

Given the State’s no-objection to a time-bound direction, the Court directed implementation of the order, while qualifying that direction by requiring compliance with law and making it subject to any legal impediment or stay by a competent court or authority.

Source reference: para. 3, 6–7
05

Holding

The Court disposed of the writ petition and directed the concerned Tahsildar to implement the District Magistrate’s order dated 23 July 2026 and take consequential steps to hand over possession of the secured asset to the Bank within 45 days of receiving a certified copy of the judgment, provided no legal impediment or stay existed.

The Court expressed no opinion on the merits and required the authority to proceed in accordance with law.

Source reference: para. 7
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20022

Chhattisgarh High Court

Original Court PDF

BANK OF BARODAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · September 30, 2026

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Original judgment, available to read, download and summarize on LawLens.in

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