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2026 DAILYLAW 11592 (CHH)

RAJKUMAR GUPTA v. HDFC BANK LTD.

WPC/637/2026 · 2026-02-15

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 637 of 2026 1 - Rajkumar Gupta S/o Late Jawahar Gupta Aged About 59 Years R/o Ward No. 54, Raipur Typing Gali, Kankalpara, Purani Basti Raipur (C.G.) ... Petitioner versus 1 - Hdfc Bank Ltd. Through- Its Authorized Officer Omprakash Janju First Floor, Alaska Tower, In Front Of Arogya Hospital, Lodhipara Road Shankar Nagar, Raipur (C.G.) 2 - Tehsildar, Raipur District Raipur (C.G.) ---- Respondents For Petitioner : Ms. Hamida Siddiqui, Advocate For State : Mr. Vinay Pandey, Dy.A.G. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 16.02.2026 1. The petitioner has filed this petition seeking the following relief(s) : “10.1 That, the respondent no.2 be directed not to dispossess petitioner from land Total area 1500 square feet i.e. 139.40 square meters, Kankali Para Ward No. 58, Brahmanpara, Raipur (C.G.) till the disposal of the matter SA. No.800/2024. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favor of the petitioner together with cost of the petition.” 2. Learned counsel appearing for the petitioner would submit that a notice under Section 13(4) of the Secularization Act and Security Interest (Enforcement) Rules, 2002 was issued by the authority concerned and against said notice, Second Appeal No.800 of 2024 REKHA SINGH -2- was preferred before the learned Debt Recovery Tribunal. She would further submit that a stay order was passed by the learned Debt Recovery Tribunal on 07.11.2024 and same is still operating. She would contend that the concerned Tehsildar ignoring the order of stay granted by the learned Debt Recovery Tribunal, has issued a notice to acquire the physical possession of the property. 3. As per instructions, Mr. Pandey, learned Deputy Advocate General appearing for the State would submit that the stay order passed by the learned Debt Recovery Tribunal was not brought into the notice of the said authority. He would further submit that if the petitioner would submit said order before the concerned Tehsildar, appropriate decision would be taken. 4. Heard the learned counsel appearing for the parties and perused the documents placed on record. 5. Taking into consideration the submissions advanced by respective advocates, this petition is disposed of reserving liberty in favour fo the petitioner to place on record the stay order passed by the learned Debt Recovery Tribunal before the concerned Tehsildar by 18th of February, 2026. The authority concerned shall take appropriate decision by 20th of February, 2026. 6. With the aforesaid observation(s)/direction(s), the present petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha