1 - Yogacharya Rajput S/o Jagatram Rajput Aged About 32 Years 2 - Narayan v. 1 - State of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department Mahanadi
Case Details
1 / 6 2025:CGHC:37669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4103 of 2025 1 - Yogacharya Rajput S/o Jagatram Rajput Aged About 32 Years 2 - Narayan Singh Rajput S/o Jagatram Rajput Aged About 27 Years Both R/o Opposite Usha Upwan Near R K Forms Village Lokhandi Tehsil & District Bilaspur Chhattisgarh ... Petitioners versus 1 - State of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department Mahanadi Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur Chhattisgarh Pin 492001 2 - The Collector Bilaspur District Bilaspur Chhattisgarh 3 - The Tehsildar Sakri District Bilaspur Chhattisgarh
Legal Reasoning
4 - Bank of Baroda Vyapar Vihar Branch Through Mr. Prahlad Kumar Jha, Aged About 45 Years Authorized Office At Bank of Baroda Branch Rosarb, Regional Office Rajkishor Nagar Bilaspur District Bilaspur Chhattisgarh ... Respondents For Petitioners : Mr. Dheerendra Pandey, Advocate along For State/Respondents No.1 to 3 For Respondent No.4 : : with Mr. Vijay Shankar Mishra, Advocate Ms. Upasana Mehta, Dy. GA Mr. Krishna Gopal Yadaw, Advocate (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 31/07/2025 ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.08.06 14:23:30 +0530 2 / 6 1. By way of the instant petition, the petitioners have prayed for the following reliefs:- (i) The Hon’ble Court may kindly be pleased to allow the petition and set aside the impugned order dated 27.06.2025 (Annexure P/1) passed by the respondent no.3 and direct to the respondent bank i.e. respondent no.4 to settlement the dispute and given time to paying the loan amount. (ii) This Hon’ble Court be pleased to direct the respondent authority to consider the case of the petitioner and would be passed the order in merits after pursual the record of the appointment process done by the respondent authority. (iii) This Hon’ble Court be pleased to call for the entire record in respect of appointment of the petitioner. (iv) Any other relief as deemed fit by this Hon’ble Court. 2. The brief facts of the case are that he petitioners are the owner of the one property diverted land building Bering Mouza Lokhandi, Mahal No-02 diverted Sheet No. -31 plot no. – 248/9-part, area 1000 Sq. Ft, North-Rest land Of Seller, South – R, Est-Rest Land of Seller, West- Road, and Estar No. -1, Plot No. -58 /1, Khasra No. - 248/9-part, Area 1000 Sq. Ft. North Land f Ramsharan Koushik, South- Land of Purchaser, Eat -Rest Land of Seller, West Road, P.H. No. -54 RNM Sakri Admeasuring Area- 2000 Sq. Ft., Situated at Infornt of Usha Upwan, Mouza Lokhandi, Tehsil Takhapur (Now Sakri) District Bilaspur (C.G.). The petitioners have taken a loan from the 3 / 6 respondent no. 4 i.e. bank for (1) Home Loan Term Loan account number 59200600001304 for a total of Rs. 30.82,403/- (Thirty Lakh Eighty Two Times Four Hundred Three) at the rate of 08.75% on 05.08.2023 and (2) Home Loan (Home Svidha) Term Loan account number 59200600001343 for a total of Rs. 15.52,415/- (Fifteen Sixty-Two Thousand Four Hundred Fifteen) at the rate of 0935% on 14.09.2023, (3) MSME Over Draft account number 59200400000329 for a total of Rs. 08.00,000/- (Eight Lakh) on 26.05.2023. The applicant has received the loan at the rate of 1165 percent from the bank and till 14.06.2024, a total of Rs. 51,83,508 17/- (Fifty-One Lakh Eighty-Three Thousand Five Hundred Eight Rupees Seventeen Paisa) interest + other charges is due to the respondent bank from the petitioners. In which petitioner number 01 is the main borrower and petitioner number 02 is the co-borrower. 3. The Petitioners requested for guarantee of their loan. petitioner number - 01 Yogacharya Rajput purchased in his name (1) Deed number 1668, Book number A 1, Book number 2271, page number 01 to 16, dated 23.10.2020, Mauza -Lokhandi, Mahal No. 02, P.H.No. 31, N.R.M. Sakri, converted land Sheet No. 31. Plot No. 58, Khasra No. 248/9, area - 1000 sq. ft., Tehsil - Takhatpur (present new Tehsil Sakri), District - Bilaspur (Chhattisgarh), surrounded by seller's savings land in the north, disposal road in the south, seller's savings land in the east, disposal in the west, the land / building / house / shop is mortgaged in the bank by petitioner No. - 01. The petitioners have not paid the loan amount to the respondent bank, 4 / 6 then the total amount of Rs. 45.07,38092/- (Forty-Five Lakh Seven Thousand Three Hundred Eighty Rupees) plus other charges is outstanding till 11.03.2023 for recovery of the said loan. Which the respondent bank is going to collect. On this, a 60 (sixty) day demand notice dated 13.03.2024 was sent to the petitioners by the respondent bank under Rule 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 regarding the security of the loan and a written notice of possession was sent dated 20.06.2024. The notice was pasted in the loaned mortgaged house and published in two newspapers including the Hindi newspaper Navbharat dated 20.06.2024. The possession notice was published in the newspaper on 26.06.2024, page no. 07, and in the English newspaper Central Chronicle on 26.06.2024, page no. 09, but the petitioners have not handed over the possession of the mortgaged property house and land to the respondent bank till date in respect of the security of the loan and have not deposited the guarantee loan in the bank. 4. Respondent no. 4 i.e. bank has filed the application under Section 14 Securitization and Reconstruction of Financial Institutions and Enforcement of Security Interest Act 2002 before the district magistrate Bilaspur district Bilaspur which was registered as case no. 96/B-121/2023-24 and issue notice to the petitioners which was duly serve to the petitioner no. 1 then petitioner had wants time to filed the reply but petitioner has not been file the reply of such applicant till the 23.12.2024 then district magistrate has closed the 5 / 6 case and also closed opportunity of filing the reply to the petitioner mention that in order number of time given o the opportunity to the petitioner to filing the reply but till date petitioner has not been file the reply therefore closed the opportunity of filing the reply and matter fixed for judgment on dated 30-12-2024 and finally passed the judgment against the petitioners. 5. Learned counsel for the petitioners contended that after passing the judgment, petitioners have continuously approached before the bank for settlement but bank has not agreed to the settlement and respondent bank has initiated the eviction proceeding before the respondent no. 3 then respondent no. 3 without issuing any notice to the petitioners and without given opportunity to hearing of the petitioners directly issued the eviction warrant against the petitioners without following the rules and law and without apply of the mind and despite the facts that petitioners are always ready to settlement the dispute. He would next contend that no opportunity of hearing was granted to the petitioners, therefore, the impugned eviction notice dated 27/06/2025 may kindly be quashed. 6. Per contra, learned counsel for the respondent oppose the submissions made by learned counsel for the petitioners. 7. I have heard learned counsel for the petitioners and perused the documents. 8. Perusal of the documents shows that the instant matter pertains to 6 / 6 proceedings under Section 14 of the SARFAESI Act, therefore, an alternative remedy is available to the petitioner under Section 17 of the SARFAESI Act. In view of the availability of the alternative remedy, the instant writ petition is not maintainable. It is accordingly dismissed. SD/- SD/- D/- (Arvind Kumar Verma) JUDGE ashu