1 CGHC010278882026 2026:CGHC:37456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3813 of 2026 1 - Shri Haider Hussain S/o Shri Mohammad Musharraf Hussain Aged About 59 Years R/o A00161 Govind Nagar, Nasa Girls Hostel G.V.N. Raipur, C.G. 492001. 2 - Shri Mohammad Dayyan Hussain S/o Shri Haider Hussain Aged About 27 Years R/o A00161 Govind Nagar, Nasa Girls Hostel G.V.N. Raipur, C.G. 492001. 3 - Smt. Kaniza Fatima W/o Shri Haider Hussain Aged About 55 Years R/o A00161 Govind Nagar, Nasa Girls Hostel G.V.N. Raipur, C.G. 492001. ... Petitioner(s) versus 1 - Indusind Bank Limited Through Its Authorized Officer Shri Ghanshyam Panchariya, S/o Late Chaturbhuj Panchariya, Designated As Assistant Vice President, Having Address At Indusind Bank, 1st Floor Sangam Tower, Jaipur, Rajasthan Pin 302001. 2 - Tehsildar Raipur, District- Raipur, C.G. Digitally signed by AMIT PATEL 2 ... Respondent(s) For Petitioners : Mr. Harsh Verma, Advocate For State : Mr. Shreyansh Mehta, PL For Respondent No. 1 : Mr. Sourabh Jain, Advocate appears through V.C. and Mr. Ayush Verma, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 20/08/2026 1. The petitioners have filed this petition with the following reliefs:- “ 10.1 That, the respondent no.2 be directed not to initiate the proceeding for dispossession of the petitioners from Mouja Raipur, Mohallah Raja Talab Part of Plot No. 7/6 Pt. Ravishankar Shukla Ward No. 26 PH No. 109 RNM Raipur- 1, Sheet No. 4 Khasra No. 146/80 Admeasuring 2619 sqft, till the disposal of the matter SA. No.728/2026 pending before DRT Jabalpur. 10.2 That, this Hon'ble Court Kindly be Quash/Set aside the impugned order/Notice dated 16/06/26 (ANNEXURE P-1) passed by the respondent no. 2. 10.3 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed 3 in favor of the petitioners together with cost of the petition. ” 2. Leamed counsel for the petitioners submit that since the D.R.T., Jabalpur (M.P.) is presently not functioning, they are unable to avail the statutory remedy available to them under the SARFAESI Act, 2002. It is. therefore, contended that the possession orders passed against the petitioners deserve to be stayed, as they cannot be left remediless on account of the non-functioning of the D.R.T. Jabalpur. 3. Learned counsel for the respondent/Bank submits that in view of the Gazette Notification dated 02.06.2026 published by the Govt. of India, Ministry of Finance the matters falling within the jurisdiction of D.R.T., Jabalpur (M.P.) are to be taken up by D.R.T.- 2, Ahmedabad for a period of six months or till the appointment of a regular Presiding Officer, or until further orders, whichever is earlier. It is further submitted that a Presiding Officer has already been designated to preside over D.R.T.-2, Ahmedabad. Therefore, the petitioners have an efficacious alternative remedy and as such they may be directed to approach D.R.T.-2, Ahmedabad for redressal of their grievances. 4. Having heard learned counsel for the parties and considering the aforesaid submission this Court perused the gazette notification dated 02.06.2026 which reads as under:- “TO BE PUBLISHED IN PART I, SECTION 2 OF THE GAZETTE OF INDIA) 4 F.No. 07/10/2025-DRT Government of India Ministry of Finance Department of Financial Service New Delhi, dated the 03rd June, 2026 NOTIFICATION In pursuance to DoP&T approval vide O.M No. 18/26/2021-EO(SM-II) dated 02.06.2026, the Central Government hereby entrusts the additional charge for the post of Presiding Officer for the following Debts Recovery Tribunals as below:- S. No. Name of Tribun al Addition al charge assigne d w.e.f Additional charge assigned till Additional charge to be assigned to Presiding Officer of the Tribunal 1 DRT, Ranchi With immedi ate effect 08.09.2026 or till appointment of a regular incumbent or until further orders, whichever is the earliest. Shri Anil Kumar Gupta, Presiding Officer, DRT-1, Ahmedabad 2 DRT, Jabalp ur With immedi ate effect For a period of six months or till appointment of a regular incumbent or until further orders whichever is the earliest Shri Pankaj Kumar Upadhyay, Presiding Officer, DRT-2, Ahmedabad Sd/- (S.D Sharma) Under Secretary to the Government of India To The Manager Government of India Press, Minto Road, New Delhi-110001 Copy to: 1. Presiding Officer, DRT-1, Ahmedabad 2.Presiding Officer, DRT-2. Ahmedabad 3. Registrars of Debts Recovery Tribunal, Ranchi and Debts Recovery Tribunal, Jabalpur with a request to place the notification on their notice board and a copy may also be sent to the Bar Association 4. Registrars of all DRTs and DRATs 5. The Pay & Accounts Officer, Ministry of Finance, Department of Economic Affairs, National Savings Organisation Building, Civil Lines, Nagpur. 6. The Pay & Accounts Officer (Banking), New Delhi. 7. Personal files. 8. Guard file. Sd/- (S.D Sharma) Under Secretary to the Government of India” 5. Since by the aforesaid notification the Additional Charge of D.R.T., Jabalpur has been assigned to D.R.T.-2 Ahmedabad accordingly 5 these writ petitions are disposed of with liberty to the petitioners to approach D.R.T.-2, Ahmedabad by filing appropriate proceedings, including applications for listing and interim relief. Since interim protection has already been granted by this Court in favour of the petitioners, the same shall continue till the stay applications are considered by D.R.T.-2, Ahmedabad. It is, however, made clear that the petitioners shall approach the Tribunal without delay and shall not seek any adjournment on the ground that they are protected by the interim orders passed by this Court. 6. The D.R.T. Jabalpur/D.R.T.-2, Ahemdabad shall consider the petitioners' applications for interim relief/stay and pass appropriate orders thereon in accordance with law, as expeditiously as possible. 7. It is made clear that till 10 days from today no coercive steps shall be taken against the petitioners by the respondents. 8. With the aforesaid observations, instant petition stands disposed of. It is made clear that all the parties shall be at liberty to avail such remedies and file such applications before the competent D.R.T. as may be available to them in accordance with law SD/- (Amitendra Kishore Prasad) Judge AMIT PATEL