High Court Of ChhattisgarhWPC/3720/2021disposed off

Banas Ram Nishad v. The Collector And District Magistrate Raipur

2021-09-15Hon'Ble Shri Justice Goutam Bhaduri1 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3720 of 2021

1. Banas Ram Nishad S/o Samaru Ram Nishad, Aged About 55 Years R/o Quarter No. 5/724 Near Shiv Bajrang Mandir, Ramsagarpara, Raipur, District Raipur Chhattisgarh,

2. Chanda Nishad, W/o Bishnath, Aged About 58 Years R/o Quarter No. 5/724 Near Shiv Bajrang Mandir, Ramsagarpara, Raipur, District Raipur Chhattisgarh,

3. Venkant Ram Nishad, S/o Banas Ram Nishad, Aged About 27 Years R/o Quarter No. 5/724 Near Shiv Bajrang Mandir, Ramsagarpara, Raipur, District Raipur Chhattisgarh ---- Petitioners

Versus

1. The Collector And District Magistrate Raipur District Raipur Chhattisgarh.,

2. Sub Divisional Officer, Raipur, District Raipur Chhattisgarh,

3. Senior Superintendent Of Police, Raipur, District Raipur Chhattisgarh

4. The Tahsildar, Raipur, District Raipur Chhattisgarh,

5. The Prescribe Authority L And T Housing Financial Ltd. Branch Office Simran Tower Infront Of Lic Building Pandri Road, Raipur, District Raipur Chhattisgarh ---- Respondents ------------------------------------------------------------------------------------------------------------------ For Petitioner :

Mr. Pushpendra Kumar Patel, Advocate For Respondent/ State :

Mr. R.K. Bhagat, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.09.2021 Heard

1. In the present writ petition, the order under challenge has been passed by the Collector-cum-District Magistrate Raipur in exercise of power under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2. In view of the law laid down in the matters of C. Bright vs. District Collector And Others reported in (2021) 2 SCC 392 and K. Virupaksha And Another vs. State of Karnataka And Another reported in (2020) 4 SCC 440, the petitioners may seek the appropriate remedy before the DRT Jabalpur and may file necessary application within a period of 30 days.

3. With the aforesaid direction/ observation, the writ petition stands disposed off.

4. Registry is directed to return the certified copy of the impugned order Annexure P/1 to the petitioners after retaining a photocopy of the same. Sd/- (Goutam Bhaduri) Judge Vishakha