Ashok Kumar Pandey v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 4400 of 2021 • Ashok Kumar Pandey S/o Bandhu Pandey, Aged About 50 Years, R/o House No.216, Sangam Chowk, New Khursipaar Bhilai, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Petitioner

Versus

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

2. Bank of Baroda Through Manager Branch Manager Supela Bhilai District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondents For Petitioner - Shri Anurag Jha, Advocate.

For State - Shri Aditya Bhardwaj, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 12-11-2021 1.

Heard on the petition.

2.

It is submitted that the petitioner is borrower of respondent No.2. Respondent No.2 has initiated proceeding for recovery of loan on which the Collector, Durg, has passed the impugned order dated 22-02-2021 directing recovery from the petitioner. The petitioner has remedy available to file petition before the DRT Jabalpur. The petition has been filed before the DRT Jabalpur along with the application for grant of interim relief. But, due to the vacancy in seat of presiding officer of DRT, the petition and the application for interim relief is remaining unheard. Hence, this petition has been filed praying for grant of interim relief.

3.

The State counsel appearing for respondent No.1 opposes the submission.

4.

After considering on the submissions and perusing the documents present in the record of this petition, the petition is disposed off at motion stage. It is ordered that the execution of the impugned order dated 22-02-2021

-2shall remain stayed until the application for grant of interim relief is decided by the presiding officer of the DRT Jabalpur after appointment of presiding officer is made.

5.

With these observations, this petition is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Aadil