1 CGHC010294222026 2026:CGHC:33346 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3984 of 2026 1 - Shri Chandresh Gandhi S/o Shri Ranidanji Gandhi Aged About 41 Years Occupation Business, R/o Vrindavan Colony, Santoshi Ward No. 27, Jagdalpur, Distt. Bastar, Chhattisgarh 494001. 2 - Smt. Shobha Devi Gandhi W/o Shri Ranidanji Gandhi Aged About 73 Years R/o Vrindavan Colony, Santoshi Ward No. 27, Jagdalpur, Distt. Bastar, Chhattisgarh 494001. ... Petitioners versus 1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh. 2 - The District Magistrate Bastar, At Jagdalpur, Distt. Bastar, Chhattisgarh. 3 - The Tahsildar (Nazul) Jagdalpur, Distt. Bastar, Chhattisgarh. 4 - The Authorised Officer I D B I Bank Limited, Regional Office At Dev Tower, 1st Floor, Sant Kabir Chowk, Besides Holy Heart School, Civil Lines, Raipur, Chhattisgarh Raipur, Chhattisgarh. 5 - The Branch Manager I D B I Bank Limited, Jagdalpur Branch, Hotel Akash Building, In Front Of Commissioners Office, Jagdalpur, Distt. Bastar, Chhattisgarh. ---Respondents (Cause title taken from CIS System) Digitally signed by AMIT PATEL 2 For Petitioners : Mr. Akhand Pratap, Advocate For Respondents/State : Dr. Sourabh Kumar Pande, Dy. A.G. Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 31.07.2026 1. The petitioners have filed this writ petition seeking following relief:- 10.1. Issue an appropriate writ, order or direction, more particularly a writ in the nature of Certiorari, quashing and setting aside the order dated 01.05.2026 passed by the learned Chief Judicial Magistrate, Bastar at Jagdalpur, under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, as being illegal, arbitrary, without jurisdiction and obtained by suppression of material facts. 10.2. Issue an appropriate writ, order or direction quashing the consequential order/communication dated 17.07.2026 issued by the Tehsildar (Nazul), Jagdalpur, District Bastar, whereby a team was constituted and physical possession of the petitioners' property was directed to be delivered on 03.08.2026. 10.3.Issue an appropriate writ, order or direction quashing the communication dated 23.07.2026 3 issued by Respondent No. 4 (IDBI Bank Ltd.) directing the Petitioners to remove movable assets and personal belongings from the mortgaged property before 02.08.2026, being arbitrary and beyond the scope of the SARFAESI Act. 10.4. Issue an appropriate writ, order or direction restraining the Respondents, their officers, agents, employees or any person acting on their behalf from taking physical possession of the petitioners' residential house and business premises situated at Plot No. V/40, Sheet No. 107, Santoshi Ward, Vrindavan Colony, Jagdalpur, District Bastar (Chhattisgarh), or from interfering with the peaceful possession of the Petitioners, except in accordance with law. 2. Learned counsel appearing for the petitioners submits that the present writ petition has been preferred being aggrieved by the illegal, arbitrary, and mechanical action of the respondent authorities in initiating proceedings to take physical possession of the petitioners' residential-cum-commercial property pursuant to the communication dated 17.07.2026 issued by the Tahsildar (Nazul), Jagdalpur, whereby 03.08.2026 has been fixed for taking possession. It is further submitted that the respondent/IDBI Bank has not proceeded in accordance with law. Though the petitioners are ready and willing to deposit the loan amount, the Bank has not 4 issued any notice to them and consequently, they have not been afforded an opportunity to deposit any amount with the Bank. He further submits that the petitioners are ready and willing to pay 50% of the loan amount before the respondent Bank within a period of 10 days. 3. Learned counsel for the State opposes the prayer of the learned counsel for the petitioners. 4. Having heard learned counsel for the parties and upon due consideration of the facts and circumstances of the case, as well as the submissions advanced on behalf of the petitioners, this Court is of the view that in the event the petitioners’ deposit 50% of the loan amount with the respondent Bank within a period of 10 days from the date of this order, the respondent Bank shall not take any coercive steps against the petitioners during the said period. After expiry of the period of 10 days, if the petitioners fail to deposit 50% of the loan amount, the respondent Bank shall be at liberty to proceed further and pass an appropriate order strictly in accordance with law. 5. With this observation and direction, this petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge AMIT PATEL