1 2025:CGHC:17709 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1959 of 2025 1 - Gita Prasad S/o Late Gendram Dhruv Aged About 38 Years Tenant / Lease Holder Of Om Sai Kripa Industries, Village Dhabadih, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh. ... Petitioner(s) versus 1 - Om Sai Kripa Industries Dhabadih Bhatapara, Through Its Original Proprietor Ganesh Singh Dhruv S/o Late Dharmu Singh Dhruv, Aged About 52 Years, Village Dhabadih, Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh. 2 - Ganesh Singh Dhruv S/o Late Dharmu Singh Dhruv Aged About 52 Years R/o Ward No. 7, Govind B - 17, Krishna Nagar, Nayapara Ward, Bhatapara, District Balodabazar Bhatapara Chhattisgarh. 3 - Smt. Satupa Dhruv W/o Shri Ganesh Singh Dhruv Aged About 45 Years R/o Ward No. 7, Govind B - 17, Krishna Nagar, Nayapara Ward, Bhatapara, District Balodabazar Bhatapara Chhattisgarh. 4 - Axis Bank Limited Through Authorized Officer, Axis Bank Limited Assets Sale, 2nd Floor, Chawal Chambers, Pandri, Jeevan Bima Marg, Raipur, Tahsil And District Raipur Chhattisgarh. 5 - The Collector Balodabazar, District Balodabazar Bhatapara VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR Date: 2025.04.21 14:45:04 +0530 2 Chhattisgarh. 6 - Tahsildar Bhatapara, District Balodabazar Bhatapara Chhattisgarh. ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. K. Rohan, Advocate For State :- Mr. R.K. Gupta, Addl. A.G. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 17.04.2025 1. The instant petition is being filed by the petitioner against the arbitrary and illegal action against on the part of official respondent in proceeding against the petitioner under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act) and trying to take forceful possession of the property and has also affixed possession notice, though petitioner is a Tenant. 2. The petitioner has filed the petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, direction/directions quashing both the possession notice dated 27.03.2025 Annexure P/1 (colly) severed on 15.04.2025 and declare same as null and void so far as possession of the petitioner in the Industry and residential house is concerned. 10.2 That, this Hon'ble Court may kindly be pleased to issue a writ/writs, order/orders, 3 direction/directions granting reasonable time to approach the Competent authority under the SARFAESI Act. 10.3 Any other relief as this Hon'ble Court may deems fit looking to the facts and circumstances of the case may also be awarded. ” 3. Facts of the case, in brief, are that the petitioner is a tenant of respondent No. 1 & 2, and a registered Rent Agreement also executed on 09/04/2024 and is valid from 01.04.2020 till 31.03.2035. The official respondents arbitrary and illegibly trying to evict under the provisions of SARFAESI Act, though the petitioner is neither a party in a proceeding under Section 14 of SARFAESI Act nor being heard and it is settled position of law that once tenancy is created a tenant can be evicted only after due process of law as prescribed under the provisions of Chhattisgarh Rent Control Act, 2011 as the petitioner is a protected tenant as defined under section 2 of the Act of 2011. The authority has served notice for possession on 15.04.2025 in the evening and has directed to handover vacant possession till till 17.04.2025 otherwise proceeding shall be done on 22.04.20205 for handing over the possession, even the authorities are not providing the breathing time to approach the DRT under the amended Section of 17 (4A) of SARFAESI Act, 2002. Hence this petition. 4. Learned counsel for the petitioner, at the outset, submits that the grievance which has been raised in this petition has to be adjudicated by the concerned DRT, however, since the notice was 4 issued on 27.03.2025 and it has been served to the petitioner on 15.04.2025. The Tehsildar, Bhatapara has directed to handover the possession of the house and the factory in question on 17.04.2025 and if the said order will not be complied, then the forceful dispossession will be taken on 22.04.2025. He submits that in fact the notice as required under the law has not been served to the petitioner, as such, the petitioner may be permitted to approach the concerned DRT within 10 days as approaching DRT would be appropriate remedy available to him, under the law. 5. Considering the facts and circumstances of the case, in the interest of justice, the petitioner is directed to approach before the concerned DRT along with all the requisite/relevant documents within a period of 15 days from the date of receipt of copy of this order and, in turn, the concerned DRT shall consider and decide the case of the petitioner and shall pass appropriate orders in accordance with law, within a stipulated time. The DRT is directed not to take possession of the subject property till the interim application, as filed before the DRT, is decided. 6. It is made clear that this Court has not expressed any opinion on the merits of the case and the concerned DRT shall pass appropriate order, in accordance with law. 7. With this observation/direction, the writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Vishakha