IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 48 of 2025 Om Prakash, S/o Lalit Kumar Mishra, R/o Flat No. 202, Yamuna-1 Apartment, Trivenipuram, Near Booty More, VTC Buti, PO- Dumardaga, PS-Bariatu, District-Ranchi… … Petitioner Versus 1. The State of Jharkhand 2. The Principal Secretary, Urban Development and Housing Department, Government of Jharkhand, Ranchi 3. The Deputy Commissioner-cum-District Magistrate, Ranchi 4. The Additional Collector, Ranchi 5. The District Auction Letter Officer, Block-A, D.C. Office, Ranchi 6. The Circle Officer, Kanke, Ranchi 7. The Authorized Officer, Bank of Baroda, Zonal Stressed Asset Recovery Branch, Mehar Chamber, Ground Floor, Dr. Sunderlal Behl Marg, Mumbai 8. M/s Juhi Industries Private Limited through its Director, having office at Village-Tiruldih, PO-Ghatdulmi, PS-Chandil, District- Seraikella-Kharsawan, also at 141, A-Wing, Mittal Court, Nariman Point, Mumbai 9. M/s Triveni Infratech Private Limited through its Director, having office at Divine House, Club Road, Near Sujata Chowk, Ranchi … … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioner : Mr. S.G. Raman, Advocate Ms. Punam Shrivastava, Advocate Mr. Ajay Kumar Singh, Advocate Mr. Ravindra Nath, Advocate For the Respondent Nos.1 to 6 : Mr. Shubham Gautam,AC to AAG-V For the Respondent No. 7 : Mr. P.A.S Pati, Advocate ----- 06/03.03.2025 The present writ petition has been filed for quashing the public notice (Annexure-6 to the writ petition) issued by the respondent no. 7 – the Authorized Officer, Bank of Baroda, Zonal Stressed Asset Recovery Branch, Mumbai, informing that possession of the property belonging to the respondent no. 9 – M/s. Triveni Infratech Private Limited, appertaining to Khata No. 107, Plot No. 309, Halka-09, Mouza-Dumardagga, Circle Office-Kanke, P.S. Khelgaon, District-Ranchi has been taken under the provisions of the Securitisation and Reconstruction of Financial Assets and 2 W.P.(C). No. 48 of 2025 Enforcement of Security Interest Act, 2002 (hereinafter referred to as “SARFAESI Act, 2002”) and any transaction relating to the same would be done by the said branch. The petitioner has also prayed for quashing the order dated 20.07.2024 (Annexure-7 to the writ petition) passed by the respondent no. 3 – the Deputy Commissioner-cum-District Magistrate, Ranchi, whereby the application filed by the respondent-Bank under Section 14(1) & (2) of the SARFAESI Act, 2002 has been disposed of, appointing Special Magistrate with a request to the Sr. Superintendent of Police, Ranchi to deploy police force for taking possession of the said property. 2. The petitioner is neither the borrower nor the guarantor, rather he is in possession of the property in question and, therefore, he comes under the purview of ‘any person’ as mentioned in Section 17 of the SARFAESI Act, 2002. 3. Thus, the petitioner has the efficacious/statutory remedy of filing an application under Section 17(1) of the SARFAESI Act, 2002 before the DRT, Ranchi against the order dated 20.07.2024 passed by the respondent no. 3. As such, this Court is not inclined to entertain the present writ petition in view of the judgments of the Hon’ble Apex Court rendered in the case of “United Bank of India Vs. Satyawati Tondon & Ors.” reported in (2010) 8 SCC 110 (para-42) and “Standard Chartered Bank Vs. Noble Kumar”, reported in (2013)9 SCC 620 (para-27). 4. The writ petition is accordingly dismissed. 3 W.P.(C). No. 48 of 2025 5. The petitioner is, however, at liberty to take aforesaid statutory recourse against the order dated 20.07.2024 passed by the respondent no. 3. 6. I.A. No. 2044 of 2025 and I.A. No. 2630 of 2025 also stand dismissed accordingly. (Rajesh Shankar, J.) Manish