1 CGHC010303442026 2026:CGHC:34698 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4108 of 2026 1 - Shri Pravin Kumar Bhattacharya S/o Shri Basant Kumar Bhattacharya Aged About 56 Years Resident Of Mig-2-2917 Housing Board Colony, Ward No. 26, Industrial Estate, Bhilai, Tahsil And District Durg (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through Its Secretary, Revenue Department, Mantralaya, Atal Nagar, Nava Raipur, District Raipur (C.G.) 2 - District Magistrate District Durg (C.G.) 3 - Additional Tahsildar Bhilai Nagar, District Durg (C.G.) 4 - Authorized Officer State Bank Of India, R.A.C.P.C., Home Loan Centre, Bhilai, District Durg (C.G.) ... Respondents (Cause title is downloaded from CIS Periphery.) For Petitioner : Mr. Rishabh Dev Singh, Advocate. For State : Mr. Soumitra Kesharwani, P.L. For Respondent No. 4 : Mr. P. R. Patankar, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board RAVVA UTTEJ KUMAR RAJU Digitally signed by RAVVA UTTEJ KUMAR RAJU Date: 2026.08.07 20:14:08 +0530 2 07/08/2026 1. The petitioner has filed the instant petition seeking following reliefs:- “10.1 That this Hon'ble court may kindly be pleased to allow the present writ petition and issue an appropriate writ, order or direction quashing the Possession Warrant dated 03.06.2026 issued by Respondent No. 3 (Annexure P/1). 10.2 That the Hon’ble Court may be kind enough to issue an appropriate writ, order or direction quashing the order dated 02.02.2026 passed by Respondent No. 2 under Section 14 of the SARFAESI Act (Annexure P/2). 10.3 Pending final disposal of the present writ petition, kindly stay the operation, implementation and execution of the Possession Warrant dated 03.06.2026 (Annexure P/1) and all consequential proceedings, including the proposed action of taking physical possession of the petitioner’s residential property. 10.4 Any other relief which the Hon’ble Court deems fit under the facts and circumstances of the case may kindly be granted to the petitioner.” 2. Learned counsel for the petitioner submits that the present petition has been filed challenging the order dated 02.02.2026 passed by the District Magistrate, Durg (C.G.), and seeks quashing of the said impugned order. The petitioner has also prayed for cancellation of the Possession Warrant issued pursuant to the aforesaid order. 3 3. Learned counsel for respondent No. 4/Bank has raised a preliminary objection regarding the maintainability of the present petition. It is submitted that the petitioner has not placed on record the order dated 02.02.2026 under challenge. It is further contended that, even assuming the said order is brought on record, the dispute falls within the jurisdiction of the Debts Recovery Tribunal (DRT), which is the appropriate forum for adjudication of the matter. Therefore, the present writ petition under Article 226 of the Constitution of India is not maintainable. 4. At this stage, learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to avail the appropriate statutory remedy by filing an appropriate application/petition before the competent Debts Recovery Tribunal (DRT). 5. Considering the submission made by learned counsel for the petitioner and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to the petitioner to approach the competent Debts Recovery Tribunal by filing an appropriate application/petition in accordance with law. In the event such an application is filed, the competent authority/Tribunal shall consider and decide the same in accordance with law. Since DRT, Jabalpur is presently not functioning and its jurisdiction is being exercised by DRT-2, Ahmedabad, the petitioner is at liberty to approach DRT, Jabalpur as well as DRT-2, Ahmedabad for appropriate orders in accordance with law. The petitioner is granted fifteen 15 days' 4 time from today to file the appropriate application before the competent forum. 6. No order as to costs. Sd/- (Amitendra Kishore Prasad) Judge U.K. Raju