1 2026:CGHC:22801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2464 of 2026 1 - Kotak Mahindira Bank Limited Kotak Mahindra Bank Limited Through Kuldeep Mathur S/o J. P. Mathur Aged About 33 Years Working As Senior Legal Manager Having Branch Office At Mukta Prayag Complex 3rd Floor, Pujari Complex, Pachpedi Naka, Raipur (Chhattisgarh) 492001. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Raipur (Chhattisgarh). 2 - The District Magistrate Raipur, District- Raipur, Pin- 492001 (Chhattisgarh). 3 - Sub Divisional Magistrate Raipur, District- Raipur, Pin- 492001 (Chhattisgarh). 4 - The Tehsildar Tehsil- Raipur, District- Raipur, Pin- 492001 (Chhattisgarh). 5 - Maal Jamadar Tehsil- Raipur, District- Raipur (C.G.) 492001. RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 6 - Laxmi Sales Through Its Partner Anand Agrawal S/o Late Shri Omprakash Agrawal, R/o Opp. Ishwar Saw Mill, New Timber Market, Fafadih, Raipur, District- Raipur 492001 (C.G.). 7 - Smt. Anju Agrawal D/o Shivkumar Agrawal R/o Opp. Ishwar Saw Mill, New Timber Market, Fafadih, Raipur, District- Raipur 492001 (C.G.). 8 - Shri Anurag Agrawal S/o Late Shri Omprakash Agrawal R/o Opp. Ishwar Saw Mill, New Timber Market, Fafadih, Raipur, District- Raipur 492001 (C.G.). ... Respondent(s) For Petitioner(s) : Ms. Sakshi Gupta, Advocate on behalf of Mr. Ritesh Sharma, Advocate. For Respondent(s)/State : Ms. Anusha Naik, Dy. G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/05/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1. That, this Hon'ble Court may be pleased to issue an appropriate writ, order, or direction directing the Respondent No. 2 to 5 to forthwith facilitate and ensure the handing over the of lawful possession of the mortgaged property to the Petitioner within a period of two weeks, in strict compliance with the order passed by the Chief Judicial Magistrate dated 23/08/2023, and to pass 3 such other order(s) as this Hon'ble Court may deem fit and proper in the interest of justice. 10.2. That, this Hon'ble Court may graciously be pleased to issue an appropriate writ, order, or direction to the Tahsildar, Raipur, District Raipur, in light of the judgments passed in AU Small Finance Bank Limited (Supra) and PNB Housing Finance Ltd. (Supra), directing that after obtaining an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the secured creditor shall not be compelled to run from pillar to post for execution of such order, and further directing the Tahsildar to ensure timely and effective execution of the said order, in the interest of justice. 10.3. That, any other relief/order which may deem fit and just in the facts and circumstances of the case may also be granted in favour of the petitioner with cost.” 2. Learned counsel for the petitioner submits that the respondents No. 6 to 8, in their application, have suppressed material facts and, by concealing the true facts of the case, have obtained an order of status quo from the concerned DRT. It is submitted that being aggrieved by the aforesaid action and order, the present petition has been preferred before this Court. 3. On the other hand, learned counsel appearing for the State submits that the petitioner has wrongly invoked the jurisdiction of 4 this Court by filing the present petition and that the same is not maintainable in law. 4. At this stage, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to file an appropriate application before the concerned DRAT, Allahabad, in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. With the aforesaid observation and liberty, the writ petition stands disposed of with a direction that the petitioner shall be at liberty to file an appropriate application before the concerned DRAT, Allahabad, in accordance with law. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat