1 2026:CGHC:23184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2542 of 2026 1 - Smt. Sunita Suresh Kumar Appukuttan W/o Suresh Kumar Appukuttan Aged About 53 Years R/o B-175, Street-7, Smriti Nagar, Motilal Nehru Nagar, Junwani, Bhilai, Tahsil And Dsitrict Durg Chhattisgarh 2 - Shri Suresh Kumar Appukuttan S/o Shri Appukuttan Aged About 63 Years R/o B-175, Street-7, Smriti Nagar, Motilal Nehru Nagar, Junwani, Bhilai, Tahsil And Dsitrict Durg Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar Chhattisgarh 2 - Additional Tahsildar Durg-1, District Durg Chhattisgarh 3 - District Magistrate Durg District Durg Chhattisgarh 4 - I.I.F.L. Home Finance Limited Through Its Authorized Officer, Branch Office At Lal Ganga City Mart, Moti Bagh Chowk, Raipur Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Petitioner :- Mr. Nikhil Parakh,Advocate For State :- Mr. Shreyansh Mehta, P.L. 2 ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 15.05.2026 1. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India challenging the order dated 30.11.2019 passed by the learned District Magistrate, Durg under Section 14 of the SARFAESI Act, along with the consequential possession proceedings initiated pursuant thereto. 2. Following reliefs have been prayed by way of this petition:- “i. Stay the effect and operation of the impugned order dated 30.11.2019 passed by the learned District Magistrate, Durg under Section 14 of the SARFAESI Act during pendency of the present writ petition;. ii. Stay all further proceedings in Revenue Case No. 202602104700080 pending before the Court of Additional Tahsildar, Durg-1; iii. Restrain the respondents, their agents, officers and representatives from taking physical possession or dispossessing the petitioners from the residential property situated at Plot No. B-175, Khasra No. 572, Village Junwani, Tahsil and District Durg; iv. Pass any other interim order/orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that the orders have been passed by the concerned Tehsildar directing taking over of possession of the land, which are based on the order dated 13.11.2019 passed by the District Magistrate, Durg. It is further submitted that the petitioner had no knowledge of the said order 3 dated 13.11.2019 and came to know about the same only on 08.05.2020, upon obtaining a certified copy thereof. It is contended that, immediately thereafter, the petitioner has filed the present petition challenging the said order inter alia on the ground that the recovery proceedings initiated against him are not in accordance with law and are otherwise illegal, arbitrary and without jurisdiction. 4. Learned State counsel submits that the petitioner has an efficacious alternative remedy of approaching the concerned Debt Recovery Tribunal (DRT), which has not been availed by the petitioner. It is therefore submitted that the present petition is not maintainable in view of the availability of an alternative statutory remedy and deserves to be dismissed on this ground alone. 5. Considering the facts and circumstances of the case, it appears that the order impugned in the present petition has been passed on 13.11.2019, which is under challenge before this Court. However, the petitioner has an alternative efficacious remedy available under law under the SARFAESI Act before the concerned Debt Recovery Tribunal (DRT), which has not been availed by the petitioner. Accordingly, the petition is disposed of with liberty to approach the DRT in accordance with law. sd/- (Amitendra Kishore Prasad) Judge Vishakha