M/S Deep Enterprises v. The Collector

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 5050 of 2021 1.

M/s Deep Enterprises Through- Its Proprietor Mrs. Sonal Gupta W/o Yogesh Kumar Gupta, Aged About 32 Years, R/o Chandra Colony, Stadium Road, Near Sabrus Hotel, Rajnandgaon, DistrictRajnandgaon (C.G.) 491441 2.

Ajesh Gupta S/o Shri Brij Kishore Gupta Aged About 62 Years Chandra Colony, Stadium Road, Near Sabrus Hotel, Rajnandgaon, District- Rajnandgaon (C.G.) 491441 3.

Yogesh Gupta S/o Shri Ajesh Gupta Aged About 32 Years Chandra Colony, Stadium Road, Near Sabrus Hotel, Rajnandgaon, DistrictRajnandgaon (C.G.) 491441 ---- Petitioners

Versus

1.

The Collector Rajnandgaon, District- Rajnandgaon (C.G.) 2.

The Authorized Officer Bank Of Baroda, Rajnandgaon Branch, Near Bagdi Brothers Rajnandgaon, Tehsil And District- Rajnandgaon (C.G.) 491441 ----Respondents For Petitioners :

Mr. B.D. Guru, Advocate along with Mr. S.S. Baghel, Advocate For State :

Mr. Ashish Tiwari, Govt. Advocate For Respondent No.2 :

Mr. Vinod Deshmukh, Advocate Hon'ble Mr. Justice P. Sam Koshy Order on Board 09/12/2021 1.

The present writ petition has been filed assailing Annexure P/1, which is only a notice under Section 14 issued by the office of the District Collector, District Rajnandgaon.

2.

The contention of the petitioners to approach this Court is that against the said notice he has already preferred an application before the DRT challenging the initiation of proceedings and the said application

has registered as S.A. No. 343/2021. However, for want of a regular Presiding Officer, the Tribunal is not taking up the matter and this is causing difficulties for the petitioners.

3.

From the perusal of the proceedings and the impugned order which is under challenge, it appears that it is only a notice, which has been issued to the petitioners by the District Collector under Section 14. The petitioners have a right to appear before the concerned District Collector to submit their explanation to the notice issued. Thereafter if at all, if the District Collector passes an order detrimental to the interest of the petitioners, they can still approach the DRT ventilating their grievances and not at this stage.

4.

Given the aforesaid factual matrix of the case, the present writ petition at this juncture stands disposed of with a liberty to the petitioners to approach the DRT after the final order under Section 14 is passed by the District Collector. Reserving the right of the petitioners the writ petition in its present form stands disposed of. Sd/- (P. Sam Koshy) Judge Ved