Gautam Sahu Vs State of Chhattisgarh

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2026:CGHC:11653

Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2026.03.11 16:50:06 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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NAFR

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WPC No. 1022 of 2026

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Gautam Sahu S/o Shri Shiv Kaumar Sahu Aged About 28 Years R/o Ward No.9 Garhpara Kotmai Sonar, Tahsil Akaltara, District - Janjgir-Champa, Chhattisgarh.

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Purnima Bai Sahu W/o Shri Shiv Kaumar Sahu Aged About 50 Years R/o Ward No.9 Garhpara Kotmai Sonar, Tahsil Akaltara, District - Janjgir-Champa, Chhattisgarh.

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... Petitioners.

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Versus

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1 - State Of Chhattisgarh Through The Secretary, Revenue And Disaster Management Department Mahanadi Bhawan, Naya Raipur, Atal Nagar, Distt - Raipur, Chhattisgarh. Pin -492001.

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2 - The Collector Janjgir-Champa, District - Janjgir-Champa, Chhattisgarh.

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3 - The Tehsilar Akaltara, District - Janjgir-Champa, Chhattisgarh.

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4 - Bank Of Griham Housing Finance Limited Formerly Poonawalla Housing Finance Limited, Authorised By A Company Registered Under The Companies Act. R. Manish, Registered Office 24, Park Street, Kolkata, 700016 First Floor Indira Tower Vinoba Nagar Vyapar Vihar, Bilaspur, Chhattisgarh.

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... Respondents.

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(cause title downloaded from CIS Periphery)

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For Petitioners	: Mr.	Dheerendra Pandey, Advocate.
For State	: Mr.	Shobhit Mishra, Dy. GA.

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2

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

Order on Board

11/03/2026

Heard.

This Writ Petition under Article 226 of the Constitution of India has been filed for the followings reliefs:-

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"(i) The Hon'ble Court may kindly be pleased to allow the petition and set aside the impugned eviction warrant (for taking possession) dated 06.02.2026 (Annexure P/1) passed by the respondent no. 3 and directed to the respondent Bank ie. respondent no. 4 to settlement the dispute and given sufficient time to paying the loan amount.

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(ii) This Hon'ble Court be pleased to direct. the respondent authority to consider the case of the petitioners and would be passed the order in merits after pursual the record of the process done by the respondent's authority.

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(iii) This Hon'ble Court be pleased to call for the entire record in respect of the petitioners

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(iv) Any other relief as deemed fit by this Hon'ble Court."

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Learned counsel for the petitioner submits that in pursuance of application filed by respondent No.4 under Section 14 of the Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( SARFAESI Act ), learned Chief Judicial Magistrate, District JanjgirChampa has passed the order dated 13.01.2026 (Annexure-P/4) facilitating respondent No.4 (Finance Company) in taking possession of secured assets. He further submits that in compliance of aforesaid order, Tahsildar Akaltara, District Janjgir-Champa again issued eviction notice dated 06.02.2024

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(Annexure-P/1) to the petitioner. Counsel submits that the eviction notice has been passed without even providing opportunity of hearing to the petitioner. Therefore, the case may be admitted for hearing and interim protection may be granted to the petitioner.

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Learned State counsel would oppose the prayer of the petitioner.

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From the pleadings and documents on record, it appears that the proceeding before the Chief Judicial Magistrate under Section 14 of the SARFAESI Act is ministerial, not adjudicatory, and is aimed at assisting the secured creditor in taking possession of the secured assets. Hence, this Court is not inclined to entertain this petition at this stage by invoking its extraordinary jurisdiction.

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However, liberty is reserved for the petitioner to approach the Debts Recovery Tribunal, Jabalpur, under Section 17 of the SARFAESI Act.

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Accordingly, the writ petition is disposed of. Pending application, if any, also stands disposed of.

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Sd/(Naresh Kumar Chandravanshi) Judge

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Ajay

Gautam Sahu v. State of Chhattisgarh

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Gautam Sahu v. State of Chhattisgarh

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