1 2026:CGHC:23633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2853 of 2026 1 - Smt. Varsha Banjare D/o Late Shri Chinni Lal Banjare, Aged About 31 Years R/o Hosing Board, Colony, LIG -21, Behind Bijali Office, Katghora, Tahsil- Katghora, Distt.- Korba (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through- District Magistrate/ Collector, Korba Distt.- Korba (C.G.) 2 - Chhattisgarh Housing Board, Division Korba Through Executive Engineer, Korba, Tah. and Distt.- Korba (C.G.) 3 - Chhattisgarh Rajya Gramin Bank Through- Prescribed Officer, Branch Transport Nagar, Korba, Tah. and Distt.- Korba (C.G.) 4 - The Tahsildar, Katghora Distt.- Korba (C.G.) 5 - Raju Kinkar Pawar S/o Shri Umaji Pawar, Aged About 61 Years, R/o LIC- 207, Shivaji Nagar Korba, Tah. and Distt.- Korba (C.G.) 6 - Navin Kumar Jha S/o Shri Krishnakant Jha, R/o EWS- 98, MP Nagar Korba, Tah.- and Distt.- Korba (C.G.) 7 - Anup Majumdar S/o Shri Dilip Majumdar, R/o Mahamaya Jwellers, Niharika Road, Korba, Tah. and Distt.- Korba (C.G.) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Manoj K. Sinha, Advocate. For State/Respondents No.1 and 4 : Mr. Avinash Singh, Govt. Advocate. For Respondent No.3 : Mr. N. Naha Roy, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board Digitally signed by MOHAMMED AADIL KHAN Date: 2026.06.11 17:57:34 +0530 2 11-06-2026 1. Heard. 2. By the present petition the petitioner calls in question the legality and validity of the notice dated 22-05-2026 (Annexure-P/1) issued by respondent No.4 as well as the order dated 05-12-2024 (Annexure-P/2) passed by respondent No.1 in the proceeding initiated under Section 14(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the SARFAESI Act') whereby an order has been passed against respondents No.5 to 7 with respect to delivery of possession of the mortgaged property in favour of respondent No.3, bank and in pursuance of the order dated 05-12-2024 a notice has been issued to the present petitioner on 22-05-2026 for execution of the said order. 3. The petitioner claims the following relief(s) in the present writ petition:- “10.1 That the Hon'ble Court be pleased to call for the entire records in connection of the petitioner's cases, Revenue Case No.202410050400030/B-121/2024-2025 (CG Rajya Gramin Bank Vs Raju Kinker Pawar and others); 10.2 That the Hon'ble Court be pleased to Quash the impugned order dated 05.12.2024 (Ann.P/2) passed by the learned Collector Korba under Section 14 of the SARFAESI Act; 10.3 That the Hon'ble Court be pleased to Quash the consequential notice dated 22.05.2026 (Ann.P/1) issued by the Tahsildar, Katghora; 10.4 That the Hon'ble Court be pleased to Restrain the respondents from taking physical possession of the petitioner's residential property; 10.5 Pass any other order(s) which this Hon'ble Court may deem fit in the interest of justice. 10.6 That the cost of the petition be also awarded to the petitioners.” 3 4. After arguing at length, learned counsel for the petitioner seeks permission of this Court to withdraw the present petition with liberty to avail the alternative statutory remedy available under Section 17 of the SARFAESI Act to approach before the Debt Recovery Tribunal. It is submitted that the petitioner was not a party in the proceeding before the respondent No.1 initiated under Section 14(1) of the SARFAESI Act, however, a notice has been issued for handing over the possession of the property in which the petitioner is in possession and without hearing the petitioner the notice has been issued for handing over the possession. 5. The submissions made by learned counsel for the petitioner has not been opposed by the opposite counsels and they would submit that they have no objection if the petitioner is withdrawing the present writ petition with liberty to approach the Debt Recovery Tribunal. 6. I have heard learned counsel for the parties and perused the material annexed with the petition. 7. Considering the submissions made by learned counsel for the petitioner, the present writ petition is dismissed as withdrawn with liberty to approach before the Debt Recovery Tribunal within 15 days from today. Till the filing of the statutory appeal before the Debt Recovery Tribunal within the stipulated time frame the effect and operation of the impugned order dated 05-12-2024 as well as notice dated 22-05-2026 with respect to the present petitioner shall be kept in abeyance. 8. With the aforesaid observation the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil