WP(C)/338/2026 of CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD Vs THE STATE OF ASSAM AND 3 ORS on 17 May 2026

GAHC010281812025

2026:GAU-AS:6846- DB

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/338/2026 CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD A NON-BANKING FINANCE COMPANY HAVING ITS CORPORATE OFFICE AT CHOLA CREST, C-54 AND 55, SUPER B-4, THIRU VI KA INDUSTRIAL ESTATE, GUINDY,CHENNAI- 600032 AND ITS BRANCH OFFICE AMONGST OTHER PLACES AT 3RD FLOOR, ACHYUT PLAZA, BHANGAGARH, GUWAHATI- 781005 REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE MR. KAUSHIK RAJ BHAGAWATI (MOBILE- 9706787022) VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT,DISPUR, GUWAHATI - 781006. 2:THE DISTRICT MAGISTRATE TINSUKIA DISTRICT- TINSUKIA ASSAM- 786126 3:THE CIRCLE OFFICER TINSUKIA REVENUE CIRCLE TINSUKIA DISTRICT- TINSUKIA ASSAM- 786126 4:MR. PALLABJYOTI DAS DIHINGIA GAON DISTRICT- TINSUKIA ASSAM- 78619

Advocate for the Petitioner : A K GOGOI, A GOGOI Advocate for the Respondent : SC, REVENUE, GA, ASSAM

BEFORE HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA HON’BLE MR. JUSTICE SANJEEV KUMAR SHARMA

JUDGMENT & ORDER (ORAL)

18.05.2026 (Sanjeev Kumar Sharma, J) Heard learned counsel for the petitioner, Mr. A.K.Gogoi and Mr. S. Baruah, learned State counsel, are present.

2. The petitioner is a Non-Banking Financial Company (NBFC) who had extended a loan to the respondent No. 5 to the tune of Rs. 37 lakhs and upon the failure of respondent No. 5 to repay the same, the petitioner took steps to take physical possession of the mortgaged property under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

3. In this regard, the District Magistrate, Tinsukia, issued an Order dated 06.03.2025 authorizing the Circle Officer, Tinsukia Revenue Circle, and

Executive Magistrate, Tinsukia, to take necessary steps to provide physical possession of the secured assets. The schedule of the land to be taken possession of was also mentioned in the said order as follows : “All that piece and parcel of land measuring 0 Bigha 2 Katha 10 Lessas, i.e 7200 Sq. Ft under part of Dag No. 121, covered by Periodic Patta No. 51, situated at Dihingia Gaon, under Mouza - Bogdung, Tinsukia Revenue Circle, bounded by North - Land of Dag no. 121, South - 25 feet wide PWD Road, East - 25 feet wide PWD Road, West - Land of Dag no. 121 part."

4. Subsequently, a date for taking physical possession was fixed on 15.10.2025 only and the authorized officer of the NBFC, along with their Circle Officer and requisite police personnel, visited the site but could not obtain possession, allegedly because the Circle Officer proceeded to advise the defaulting borrower to enter into a settlement.

5. An affidavit-in-opposition has been filed by Sri Gauranga Dutta, the present Circle Officer, Tinsukia Revenue Circle, wherein it is stated that physical possession of the property could not take place due to non-demarcation of the said scheduled land and the absence of an entry regarding the mortgage of the land in the record of rights. It is further stated therein that the physical possession can be undertaken provided that the above-mentioned impediments are taken care of.

6. Mr. A.K. Gogoi, learned counsel for the petitioner, has stated that the boundaries of the land are clearly mentioned in the order of the District Magistrate and, therefore, there should be no difficulty in taking possession of the land, and furthermore, since the mortgage has been created by deposit of title deeds, there is no requirement of making any entries in this regard in the record of rights pertaining to the said land.

7. Mr. S. Baruah, learned State Counsel, submits upon instructions received, that the land situated on the boundaries of the scheduled land fall into the same dag number, that is dag No. 121 and therefore, proper demarcation is required, which can only be done with the assistance of the revenue officials.

8. In view of the above fact situation, we consider it fit to dispose of the instant writ petition with the direction to the Circle Officer, Tinsukia Revenue Circle, to proceed to the site of the mortgaged land, along with Latmandal, working under his authority and other revenue officials as may be deemed necessary by the Circle Officer, as well as the concerned officer of the petitioner (NBFC), and get the mortgaged land demarcated and assist the petitioner (NBFC) in taking possession of the mortgaged land as described in the schedule mentioned in the order of the District Magistrate, Tinsukia referred to herein above.

9. For the aforesaid purpose, the petitioner shall file a fresh application and deposit the necessary cost for police force, etc., and upon such application being filed, the Circle Officer, Tinsukia Revenue Circle shall fix a date which shall not be later than two weeks from the date of such application, for the purpose of completing the aforesaid exercise.

10. The Writ Petition stands disposed of accordingly.

JUDGE JUDGE Comparing Assistant