1 2025:CGHC:18032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 353 of 2025 1 - Idfc First Bank Limited Through Its Authorized Officer Sandesh Jain S/o Shri A. K. Jain, Aged About 26 Years, Having Branch Office At 1st Floor, Satpal Chembers, Civil Line, Near Raj Bhavan, Raipur, Raipur- 492001 (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mantralaya, Mahanadi Bhawan, Raipur (C.G.) 2 - The District Magistrate District - Raipur (C.G.) 492 001 3 - Tahsildar Tehsil - Raipur, District - Raipur (C.G.) 492 001 4 - Maal Jamadar Tehsil - Raipur, District - Raipur (C.G.) 492 001 5 - Aadarsh Traders Through Proprietor Muhammad Tahir Jafri, R/o House No. 38/151, Momin Para, Tatyapara Ward, Raipur, District - Raipur 492 001 (C.G.) 6 - Muhammad Tahir Jafri S/o Mehandi Hasan R/o House No. 38/151, Momin Para, Tatyapara Ward, Raipur, District - Raipur 492 001 (C.G.) 7 - Muhammad Aadil Jafri S/o Mehandi Hasan R/o House No. 38/151, Momin Para, Tatyapara Ward, Raipur, District - Raipur 492 001 (C.G.) 8 - Khateja Bano W/o Mehandi Husen R/o House No. 38/151, Momin Para, Tatyapara Ward, Raipur, District - Raipur 492 001 (C.G.) 9 - Tarannum Fatima W/o Muhammad Majahir Jafri R/o House No. 38/151, Momin Para, Tatyapara Ward, Raipur, District - Raipur 492 001 (C.G.) 10 - Muhammad Majahir Jafri S/o Mehandi Husen Jafri R/o House No. 38/151, Momin Para, Tatyapara Ward, Raipur, District - Raipur 492 001 (C.G.) Digitally signed by AJINKYA PANSARE Date: 2025.04.24 17:28:32 +0530 2 11 - Mehandi Husen S/o Zakir Ali R/o House No. 38/151, Momin Para, Tatyapara Ward, Raipur, District - Raipur 492 001 (C.G.) ... Respondent(s) For Petitioner : Mr. Ritesh Sharma, Advocate For State/ Respondents No. 1 to 3 : Ms Shailja Shukla, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 22-04-2025 1) Heard on admission. 2) Learned counsel for the petitioner submits that respondent No. 5- borrower took a loan from the petitioner - bank and when the borrower defaulted, an application U/s 14 of the SARFAESI Act, 2002 was moved before the District Magistrate, Raipur which was allowed vide order dated 01.05.2023. He further submits that the said order was challenged by the respondent No. 5 before the learned Debt Recovery Tribunal, Jabalpur and a conditional order was passed in his favor on 07.06.2023 whereby he was directed to deposit a sum of Rs. 20 lacs. He contends that respondent No. 5 failed to comply with the conditional order issued by the DRT, Jabalpur and challenged the same before this Court in WP227 No. 587 of 2023 which was dismissed vide order dated 25.07.2023. He further contends that revenue authorities have not complied with the order passed by the District Magistrate, Raipur under the provisions of Section 14 of the Act, 2002. He prays that a direction may be issued to the respondent No. 3- Tehsildar, Raipur to take appropriate action. He also prays to not press relief clause No. 10.2. 3) On the other hand, learned State counsel opposes. 4) Heard. 3 5) Evidently, District Magistrate, Raipur has passed an order U/s 14 of the Act, 2002 against the borrower on 01.05.2023 ; thereafter, he preferred appeal before the DRT , Jabalpur and a conditional order has been passed on 07.06.2023 whereby he has been directed to deposit a sum of Rs. 20 Lacs and ; respondent No. 5- borrower preferred WP227/587/2023 against the order passed by DRT, Jabalpur before this Court which was dismissed vide order dated 25.07.2023. 6) Taking into consideration the fact that (i) respondent No. 5 – borrower has not deposited the said amount yet and (ii) respondent No. 3 – Tehsildar, Raipur is not taking action pursuant to the statutory order passed by the District Magistrate – Raipur dated 01.05.2023 regardless of the fact that Tehsildar is under obligation to comply with the order passed by District Magistrate, this petition is hereby being disposed of directing Tehsildar, Raipur to take appropriate action pursuant to order dated 01.05.2023. 7) It is expected that the authority concerned shall take immediate action in this regard. 8) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya