Page No.# 1/2 GAHC010000352025 2025:GAU-AS:68-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8/2025 AMRITAKKHA DEB PURAKAYASTHA S/O- LATE ASHISH RANJAN DEB PURKAYASTHA, R/O- LANE NO-15, 1ST LINK ROAD SILCHAR, P.O AND P.S- SILCHAR, DIST- CACHAR, ASSAM VERSUS 1: THE STATE OF ASSAM AND 6 ORS REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT JANATA BHAWAN, DISPUR, GUWAHATI- 781006 2:THE DEPUTY COMMISSONER CACHAR SILCHAR PIN-788001 3:PUNJAB NATIONAL BANK (ERSTWHILE UNITED BANK OF INDIA) THE AUTHORIZED OFFICER PUNJAB NATIONAL BANK SASTRA CENTRE CENTRAL ROAD SILCHAR CACHAR PIN-788001 4:SHARMISTHA DEB PURAKAYASTHA W/O- ANIMESH DEB PURAKAYASTHA 1ST LINK ROAD LANE NO-15 H.NO-28 SILCHAR ASSAM PIN-788006 5:ANIMESH DEB PURAKAYASTHA S/O- LATE ASHISH RANJAN DEB PURAKAYASTHA 1ST LINK ROAD LANE NO-15 H.NO-28 SILCHAR ASSAM PIN-788006 6:SHIPRA DEB PURAKAYASTHA W/O- LATE ASHISH RANJAN DEB PURAKAYASTHA R/O-1ST LINK ROAD LANE NO-15 SILCHAR ASSAM PIN-788006 7:SHASWATI DEB PURAKAYASTHA W/O- SANJAY DEB D/O- LATE ASHISH RANJAN DEB PURAKAYASTHA R/O-RAM NAGAR NEAR DON BOSCO SCHOOL SILCHAR ASSAM PIN-78802 For the Petitioner(s) : Mr. P. Sharmah, Advocate. Page No.# 2/2 For the Respondent(s) : Mr. R. Borpujari, Standing Counsel, Revenue Department for respondent No.1. : Mr. N. Das, Junior Govt. Advocate, Assam, for respondent No.2. : Mr. S. Chamaria, Advocate for respondent No.3. – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KAUSHIK GOSWAMI 06.01.2025 (Vijay Bishnoi, CJ) Having heard the learned counsel for the petitioner at length, we are of the view that this writ petition in the SARFAESI proceedings is not maintainable due to availability of alternate remedy to the petitioner of filing an application before the Debts Recovery Tribunal. It is also to be noticed that the petitioner has already approached the Debts Recovery Tribunal by filing an application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The petitioner will be at liberty to move appropriate application before the Debts Recovery Tribunal for collecting the necessary documents and articles from the sealed house. It is expected that if any such application is moved, the Debts Recovery Tribunal, Guwahati shall consider and decide the same expeditiously strictly in accordance with law, after providing opportunity of hearing to all concerned. With this observation, the writ petition stands dismissed. JUDGE CHIEF JUSTICE Comparing Assistant