1 CGHC010335682026 2026:CGHC:38077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 253 of 2026 1 - Sanjay Awasthi S/o Late Shri Kamta Prasad Awasthi Aged About 56 Years R/o 1/20, Main Road, Geeta Nagar, Raipur, District- Raipur, (Chhattisgarh) 2 - Premlata Tiwari W/o Late Shri Kamta Prasad Awasthi Aged About 58 Years R/o 1/20, Main Road, Geeta Nagar, Raipur, District- Raipur, (Chhattisgarh) 3 - Manish Kumar Awasthi S/o Late Shri Kamta Prasad Awasthi Aged About 54 Years R/o 1/20, Main Road, Geeta Nagar, Raipur, District- Raipur, (Chhattisgarh) 4 - Meena Awasthi W/o Late Shri Kamta Prasad Awasthi Aged About 79 Years R/o 1/20, Main Road, Geeta Nagar, Raipur, District- Raipur, (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Revenue, Mahanadi Bhawan, Mantralaya, Sector- 19, Atal Nagar, Naya Raipur, (Chhattisgarh) 492002 2 - District Magistrate District- Raipur, (Chhattisgarh) 3 - Tehsildar Tehsil And District- Raipur, (Chhattisgarh) 4 - Maal Jamadaar Tehsil And District- Raipur, (Chhattisgarh) 5 - Cholamandalam Investment And Finance Company Limited Through Its Regional Manager, 7th Floor, Currency Tower, Vip Chowk, G.E. Road, Raipur, (Chhattisgarh) ... Respondent(s) (Cause Title downloaded from CIS Periphery) SHYNA AJAY Digitally signed by SHYNA AJAY Date: 2026.08.25 18:29:01 +0530 2 For Petitioner(s) : Mr. Ankit Singhal, Advocate. For Respondent No.5 : Mr. Faiz Kazi, Advocate. For State/respondent : Mr. Shobhit Mishra, Dy. GA S B: Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 25/08/2026 1. The present Review Petition has been preferred against the order 20.08.2026 passed by this Court in WPC No.3709/2026. 2. By way of this petition, the petitioner seeks the following reliefs : 4.1 Review the order dated 20.08.2026 passed in WPC No. 3709 of 2026 by this Hon'ble Court and consequently, restore the writ petition bearing WPC No. 3709 of 2026 filed by Respondent No. 5 4.2 Pass such other or further order/orders of such other directions in favour of the Petitioners and against the Respondent as this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the instant case, in the interest of justice. 3. WPC No.3709/2026 was filed by petitioner/Respondent No.5 herein for the following reliefs:- "10.1. This Hon'ble Court may be kind enough to issue a writ, order or direction in the nature of mandamus directing the respondent authorities to execute the possession warrant dated 11.06.2026, issued in pursuance of the order dated 13.11.2017 passed by the respondent No. 2/learned District Magistrate, Raipur (C.G.) and thereby deliver the possession of the secured asset to the Petitioner 3 company; 10.2 This Hon'ble Court may be kind enough to issue a writ, order or direction in the nature of mandamus directing the respondent authorities to execute the order dated 13.11.2017 (Annexure P/2) passed by the learned District Magistrate, District Raipur, Chhattisgarh under Section 14 of the SARFAESI Act, and hand over the possession of the secured asset to the petitioner within a stipulated time frame as this Hon'ble Court deems fit. 10.3 This Hon'ble Court may be pleased to pass any other order(s) as it deems fit, in the interest of justice." 4. During the course of hearing in the said writ petition, counsel for the petitioner/Respondent No.5 herein submitted that despite issuance of the possession warrant dated 11.06.2026, the petitioner company, Cholamandalam Investment and Finance Company Limited, has not yet been handed over possession of the mortgaged property and prayed that necessary directions be issued to the Tehsildar, Raipur (C.G.), for taking appropriate steps to ensure compliance with the possession warrant, which was not opposed by counsel for the State therein. 5. This Court, after considering the submissions of the parties, directed vide order dated 20.08.2026 the petitioner/Respondent No.5 herein to submit an appropriate application, along with all relevant documents, before the concerned Tehsildar and upon receipt of such application, the concerned Tehsildar was also 4 directed to consider the claim of the petitioner/Respondent No.5 and pass an appropriate order in accordance with law, preferably within a period of 45 days from the date of receipt of a copy of that order. 6. At this stage, counsel for the review petitioners/Respondent No.5 to 8 therein submits that an order of status quo has been passed by the DRAT in the subject appeal and as such, there is legal impediment in issuing further possession notices, however, Respondent No.5/petitioner therein is issuing fresh possession notices. Further, by order dated 20.08.2026, this Court had directed the Tehsildar to act upon the claim of Respondent No.5/petitioner therein which is not in accordance with law as an order of status quo has already been passed by the DRAT in the subject appeal. Therefore, the order dated 20.08.2026 passed in WPC No.3709/2026 may be recalled and the said petition be restored. 7. Counsel for Respondent No.5 would not oppose the aforesaid factual position. 8. Considering the facts and circumstances of the case, particularly considering that an order of status quo has already been passed by the concerned DRAT in the matter and further considering that the directions issued by this Court in the order dated 20.08.2026 passed in WPC No.3709/2026 would render the order of status quo ineffective for the parties, this Court deems it appropriate to recall the order dated 20.08.2026 passed in WPC No.3709/2026. 5 9. Accordingly, the Review Petition is allowed and the order dated 20.08.2026 passed in WPC No.3709/2026 is hereby recalled and the said petition is restored for hearing on merits before the appropriate Bench 10. Registry is directed to list WPC No.3709/2026 in the week commencing 31.08.2026. Sd/- (Amitendra Kishore Prasad) Judge Shyna Ajay