Item No. 5-6 IN THE HIGH COURT OF MANIPUR AT IMPHAL WP(C) No. 138 of 2025 with MC(WP(C) No. 134 of 2025 Yendrembam Naobi Singh …..Petitioner/s - Versus – Branch Manager of Manipur Rural Bank Wangjing Branch .... Respondent/s BEFORE HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA Order 19.02.2025 [1] Heard Mr. H. Ishwarlal, learned senior counsel assisted by Mr. Kh. Rohit, learned counsel for the petitioner and Mr. L. Gunindro, learned counsel for the respondent. [2] The petitioner approached this Court being aggrieved by the notice dated 12.02.2025 (Annexure-A/14) issued by the Branch Manager, Manipur Rural Bank, Wangjing Branch/respondent No. 1 herein for vacating the premises under patta No. 1187(old), 71 (New) covered by CS Dag No. 1433 at Revenue Village NO. 133-Wangjing and prays for staying from vacation of the petitioner from the property on the ground of violation of the provisions of law as well as the first daughter of the petitioner is appearing in the BOSEM Examination, 2025. [3] Mr. L. Gunindro, learned counsel for the respondent, submits that the writ petition is not maintainable before this Court as any order under SARFAESI Act passed by the competent authority, statutory appeal lies before the Debt Recovery Tribunal under Section 17 of the Act. Learned counsel refers to the decisions of United Bank of India vs. Satyawati Tondon & Ors. reported as (2010) 8 SCC 110 where Supreme Court observed that High Court should not entertain any petition under Article 226 of the Constitution and a person must exhaust the remedies available under the relevant statute. [4] Mr. H. Ishwarlal, learned senior counsel, submits that he may be permitted to withdraw the writ petition with liberty to approach appropriate forum. It is also stated that the appropriate Debt Recovery Tribunal is situated at Gauhati and it may take few days for him to prepare and file the case before the Debt Recovery Tribunal and he intends to submit a representation to the respondent as the petitioner is liable to be vacated by 11:30 a.m. on 20.02.2025 as per the order dated 12.02.2025. [5] With this observation, writ petition is dismissed as withdrawn with liberty to approach appropriate forum. Misc. application is also disposed of. [6] Petitioner, if so desired, may submit a representation to the respondent and respondent shall consider the same. JUDGE Kh. Joshua Maring KH. JOSHUA MARING Digitally signed by KH. JOSHUA MARING Date: 2025.02.20 10:20:34 +05'30'