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2025 DAILYLAW 61034 (CHH)

RAJANI SETH v. STATE OF CHHATTISGARH

WPC/6482/2025 · 2025-12-11

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:60476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 6482 of 2025 1 - Rajani Seth W/o Rajesh Seth Aged About 48 Years R/o Kanchan Vihar, Sirgitti, Tehsil- Bilaspur, District Bilaspur C.G. 2 - Rajesh Seth S/o Kailash Seth Aged About 52 Years R/o Kanchan Vihar, Sirgitti, Tehsil- Bilaspur, District Bilaspur C.G. ... Petitioners Versus 1 - State Of Chhattisgarh Through Secretary, Department Of Revenue And Disaster Management, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur C.G. 2 - Collector-Cum-District Magistrate Bilaspur, District Bilaspur C.G. 3 - Tehsildar Bilaspur, District Bilaspur C.G. 4 - Superintendent Of Police Bilaspur, District Bilaspur C.G. 5 - Sub Divisional Magistrate Bilaspur, District Bilaspur C.G. 6 - Bank Of Baroda, Rosarb Branch Through Regional Manager, Regional Office Bilaspur, District Bilaspur C.G. 7 - Cent Bank Home Finance Ltd. Through Branch Manager, Officer At First Floor, Mittle Complex, Main Road, Vyapar Vihar, District- Bilaspur C.G. ... Respondents For Petitioners : Mr. Sushil Dubey, Advocate For Respondents/State : Mr. Rishab Bisen, Panel Lawyer For Respondent No. 6 : Mr. Vinod Deshmukh, Advocate 2 SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 12/ 12/2025 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus whereby to direct to the Debt Recovery Tribunal Jabalpur to expedite the pending case bearing Scrutinization Application No. 924/2024 within stipulated time. 10.3 That, this Hon’ble Court may kindly be pleased to issue a writ in nature of mandamus whereby, to direct to the State Authorities Respondents No. 1 to 5 not to take any coercive action against the petitioners until decision of the pending case bearing Scrutinization Application No. 924/2024 before the Debt Recovery Tribunal, Jabalpur. 10.4 That, any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner submits that the Tehsildar has initiated the proceedings for taking over the possession of the property of the petitioners pursuant to the order dated 25.09.2025 passed by the Co- ordinate Bench of this Court in WP (C) No. 5107/2025. He contended that at time of disposal of the writ petition, the petitioners were not noticed and the order has been passed without hearing them and therefore, some protection be granted. 3. I have have heard learned counsel for the petitioner. 4. Undisputedly, after passing of the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter for brevity referred to as the SARFAESI Act, 2002) the secured creditor had filed a writ petition for complying the order passed under Section 14 of the Act, 2002 which was 3 disposed of by the Co-ordinate Bench of this Court vide order dated 25.09.2025 (Annexure P/5). If there is any grievance of the petitioner that the order is passed without hearing him, then, the petitioner is having the remedy under the law of filing review and therefore, I am not inclined to entertain this writ petition. Accordingly, the writ petition is disposed of reserving liberty with the petitioner to avail the other remedy available under the law. 5. At this stage, learned counsel for the petitioner submits that Registry may be directed to return back certified copies of the documents enclosed along with the writ petition. 6. In view of the submissions made by learned counsel for the petitioner, facts and circumstances of the case, Registry is directed to return back certified copies of the documents enclosed along with the writ petition after retaining photocopies of the same. 7. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY