2025:JHHC:10321 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No. 639 of 2025 --- Nitu Soni, wife of Sanjay Soni, resident of Old Lowadih, P.O. & P.S.- Namkum, District- Ranchi … … Petitioner Versus 1. The State of Jharkhand through the Deputy Commissioner- cum-District- Magistrate, Ranchi 2. The Deputy Commissioner-cum-District Magistrate, Ranchi 3. The District Certificate Officer, Ranchi 4. ICICI Bank Limited, having its Branch Office at 3rd Floor, Shanti Niketan Building, Main Road, Bistupur, Jamshedpur, District- East Singhbhum 5. The Authorized Officer, ICICI Bank Limited, having its Branch Office at 3rd Floor, Shanti Niketan Building, Main Road, Bistupur, Jamshedpur, District- East Singhbhum 6. Sanjay Soni, son of Bhagirath Prasad, resident of Old Lowadih, P.O. & P.S.- Namkum, District- Ranchi …. … Respondents CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : Mr. Niraj Kishore, Advocate For the Resp. - State : Mr. Rakesh Kumar Roy, A.C. to G.A.-III For the Resp.-Bank : Mr. Bharat Kumar, Advocate Order No. 04 Dated: 03.04.2025 The present writ petition has been filed for setting aside letter no. 272(ii)/Ni. dated 12.08.2024 (Anneuxre-2 to the writ petition) issued by the District Certificate Officer, Ranchi (the respondent no. 3) whereby the physical possession of the landed property appertaining to R.S. Plot No. 533, sub-plot no. 533/7-B, Khata No. 116, Thana No. 213, Village- Loadih, P.S.- Namkum, District- Ranchi measuring an area of 02 Katha 15 Chhatack 05 Sq.ft. as well as the house built thereon, has been contemplated. 2. Mr. Bharat Kumar, learned counsel appearing on behalf of the respondent-Bank, submits that though notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “the 2025:JHHC:10321 2 SARFAESI Act, 2002”) was served to the petitioner, however possession of the property in question was not given to the respondent-Bank and thus, it filed an application before the Deputy Commissioner- cum-District Magistrate, Ranchi (the respondent no. 2) invoking Section 14 of the SARFAESI Act, 2002. The impugned letter dated 12.08.2024 has accordingly been issued by the order of the respondent no. 2. Under the said circumstance, the petitioner has the efficacious remedy of preferring an application under Section 17(1) of the SARFAESI Act, 2002 before the Debts Recovery Tribunal, Ranchi. Hence, the present writ petition may not be entertained. 3. Having heard learned counsel for the parties and considering that the petitioner has efficacious remedy of preferring an application before the Debts Recovery Tribunal, Ranchi invoking Section 17(1) of the SARFAESI Act, 2002, I am not inclined to entertain the present writ petition at this stage and the same is accordingly dismissed as not maintainable. 4. The petitioner is however at liberty to take the aforesaid statutory recourse for redressal of her grievance. Ritesh/ (Rajesh Shankar, J.)