1 2025:CGHC:13726 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1496 of 2025 1 - Hari Ram Nishad S/o Late Shri Birbal Nishad Aged About 57 Years R/o Village - Kataro, Post - Utai, Police Station Utai, Tahsil And District - Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Mantralay New Raipur, District Raipur Chhattisgarh 2 - District Magistrate Cum Competent Authority District - Raipur Chhattisgarh 3 - Collector District - Mahasamund Chhattisgarh 4 - Tahsildar Tahsil - Tilda, District - Raipur Chhattisgarh 5 - Tahsildar Tahsil - Abhanpur, District - Raipur Chhattisgarh 6 - Tahsildar Tahsil - Bagbahra, District - Mahasamund Chhattisgarh 7 - Kim Infrastructure And Developers Limited Registered Address 1311-A, Hemkunt House 6, Rajindra Place, New Delhi 11008, Represented By Ncn Developers Pvt Ltd Through The Director/authorized Person Nemichand Nunia, S/o Norang Ram, Aged About 48 Years, R/o Village Malupura, Police Station Chedawa, District Jhunjhunu, Rajasthan ... Respondent(s) (Cause-title taken from the Case Information System) ------------------------------------------------------------------------------------------------ For Petitioner :- Mr. Sudhanshu Upadhyay, Advocate For State :- Mr. Santosh Bharat, Panel Lawyer -------------------------------------------------------------------------------------------------- 2 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 21.03.2025 1. Petitioner has filed this writ petition seeking following reliefs :- “10.1 That, this Hon'ble Court be pleased to allow this petition and issues a writ in the nature of mandamus directing to the Respondent No. 2 for conducting auction process of attached properties of accused company Respondent No. 7 and distribute the auction amount between depositors as per law, within appropriate time as this Hon'ble Court thinks fit and proper for its conclusion. 10.2 Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.” 2. Learned counsel for petitioner submits that respondent No. 01 through respondent No. 2 District Magistrate Cum Competent Authority, filed an application U/s 7(2) of Chhattisgarh Protection of Depositors Interest Act, 2005 before the Sessions Judge/Special Judge under the Act, Raipur for confirmation of attachment order dated 16.03.2020 which was registered as MJC No. 33 of 2020 and after hearing the matter the Special Judge, Raipur (C.G.) vide order dated 26.03.2022 has confirmed the attachment order. The petitioner made representation before Respondent No. 2, District Magistrate Cum Competent Authority, Raipur (C.G.) on 24.05.2023 for auction of attached properties of accused company and distribute the auction amount between depositors, which has not been considered so far by the authority. 3 3. Taking into consideration facts and circumstances of the case, submission made by learned counsel for the petitioner, respondent No. 2 is directed to comply with the order dated 26.03.2022 in accordance with law if there is no impleadment in conducting further proceedings. 4. Learned counsel for petitioner is at liberty to approach concerned authorities for deciding the same expeditiously. If such an application is moved by the petitioner, the concerned authorities are directed to decide the same in accordance with law. 5. With this observation and direction, this writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna Digitally signed by SHAYNA KADRI