Shailesh Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 334 of 2019 • Shailesh Kumar Sahu S/o Late Asudevram Sahu Aged About 40 Years R/o Indrapara, Shanti Nagar Road, Bhilai-3, Tahsil Patan, District- Durg, Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through Collector, District- Durg, Chhattisgarh

2. General Manager Dena Bank, Through Its Authorized OfÏcer, General Manager, Regional OfÏce, 1st Floor, Zonal Market, Sector- 10, Bhilai, District- Durg, Chhattisgarh.

3. District Magistrate Durg, District- Durg, Chhattisgarh.

4. M/s Vandana Furniture Proprietor Vandana Sahu,

5. Smt. Vandana Sahu W/o Shri Shailesh Kumar Sahu Respondent No.4 and 5 are the R/o Indirapara, Shanti Nagar, Bhilai-3, Tehsil Paatan, District- Durg, Chhattisgrah. ---- Respondent For Petitioner Mr. Malay Shrivastava, Advocate For Respondent /State Mr. Ashish Surana, Panel Lawyer Order On Board By Hon'ble Mr. Justice Prashant Kumar Mishra 4/2/2019

1. Heard.

2. In view of the order passed by the Supreme Court in ICICI Bank Ltd. Etc. Etc. Vs. Umakanta Mohapatra Etc. Etc. in Civil Appeal No.10243-10250 of 2018, decided on 5.10.2018, the appropriate

remedy for the petitioner to assail the impugned order passed by the District Magistrate, Durg under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002) is to move an appeal before the jurisdictional DRT.

3. Accordingly, the writ petition is disposed of relegating the petitioner to avail the alternative remedy within a period of 30 days from today.

Sd/- (Prashant Kumar Mishra) Judge Shyna