1 2025:CGHC:59056 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6350 of 2025 1 - Bajaj Housing Finance Ltd. Through Authorized Officer Shri Deepak Kumar Shukla S/o Shri Ramsurat Shukla, Aged About 35 Years, Office- 6th Floor, Airen Heights Plot No. 13, Vijay Nagar Indore Branch, M.P. 452001 ... Petitioner Versus 1 - District Collector, Raipur District Raipur (C.G.) 2 - Tehsildar Raipur, District- Raipur (C.G.) 3 - Deepak Foods Vegetables And Daily Needs Through Proprietor Deepak Sahu Pachpedi Nakain Front Of Police Station, Dhamtari Road, Raipur (C.G.) 4 - Deepak Sahu S/o Late Shri Shobha Ram Sahu R/o H.No. 39/275, Ward No. 50, Bhagat Chowk, Tikarapara, Raipur (C.G.) 5 - Dipti Sahu W/o Deepak Sahu R/o H No. 39/275, Ward No. 50, Bhagat Chowk, Tikarapara, Raipur (C.G.) ... Respondents For Petitioner : Mr. Niraj Baghel, Advocate For Respondents No. 1 & 2/State : Mr. Akhilesh Kumar, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 05 /12/2025 1. The petitioner has filed this writ petition seeking following reliefs:- 2 “10.1 That, the Hon’ble Court may kindly be pleased to issue writ in the nature of mandamus, or any other order or direction, directing the Respondents for compliance of the order dated 15.04.2025 within a specified time frame of 30 days; 10.2 That, the Hon’ble Court may kindly be pleased that respondent authorities be directed to bear the cost of litigation of the instant petiton; 10.3 Any other order which this Hon’ble court deems fit in the circumstances, may also be accorded in favour of the petitioner.’ 2. Learned counsel for the petitioner submits that pursuant to the proceedings initiated against the Respondents No. 3 to 5 under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter for brevity referred to as the SARFAESI Act, 2002), they have filed an application before the Debt Recovery Tribunal, Jabalpur and the Debt Recovery Tribunal, Jabalpur has passed a conditional interim order on 18.07.2025 (Annexure P/4). However, the condition imposed in the order dated 18.07.2025 (Annexure P/4) has not been complied by the Respondents No. 3 to 5. This fact was brought to the notice of the Respondent No. 2/Tehsildar, however, Respondent No. 2 is not proceeding further, complying with the order passed under Section 14 of the Act, 2002 and therefore, direction be issued to the Respondent No. 2/Tehsildar to comply with the order dated 15.04.2025 passed by the learned Chief Judicial Magistrate, Raipur by taking possession and handling over to the petitioner. 3. Learned counsel for the petitioner also referred to para 4 of the order passed by the Debt Recovery Tribunal, Jabalpur wherein, it has been clearly observed that failing to comply with the directions of the Debt Recovery Tribunal, Jabalpur, the secured creditor will be at liberty to execute the order passed by the learned Chief Judicial Magistrate, Raipur. 3 4. I have heard learned counsel for the petitioner and perused the records enclosed along with the writ petition. 5. On due consideration of the submission of counsel for the petitioner and the nature of proceeding and further that the proceedings is already pending before the Debt Recovery Tribunal, Jabalpur, I do not find any good ground to entertain this writ petition. Accordingly, it is dismissed permitting the petitioner to file appropriate proceedings before the Debt Recovery Tribunal, Jabalpur. 6. With the aforementioned observation and direction, the writ petition stands dismissed. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY