Dismissed¶23

Nitu Soni v. the State of Jharkhand, through the Deputy Commissioner-Cum-District Magistrate, Ranchi

Jharkhand HC3 Apr 2025WPC/639/2025

Case brief

AI extract

What is this about?

What did the court decide?

Writ petition dismissed as not maintainable; petitioner granted liberty to pursue statutory recourse by way of an application under Section 17(1) of the SARFAESI Act, 2002 before the Debts Recovery Tribunal, Ranchi. ¶23

Nitu Soni Vs the State of Jharkhand, through the… — Banking and Recovery | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition challenging the letter of the District Certificate Officer, Ranchi contemplating physical possession of the petitioner's property (issued pursuant to the respondent-Bank's Section 14 SARFAESI application) should be entertained by this Court, given the petitioner's efficacious statutory remedy of preferring an application under Section 17(1) of the SARFAESI Act, 2002 before the Debts Recovery Tribunal, Ranchi.

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Court's answer

Not inclined to entertain the present writ petition at this stage, considering that the petitioner has the efficacious remedy of preferring an application before the Debts Recovery Tribunal, Ranchi invoking Section 17(1) of the SARFAESI Act, 2002; the writ petition is accordingly dismissed as not maintainable.

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Ratio / Principle

The petitioner is at liberty to take the aforesaid statutory recourse (application under Section 17(1) of the SARFAESI Act, 2002 before the Debts Recovery Tribunal, Ranchi) for redressal of her grievance.

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Detailed headnote1 paragraphs

Jharkhand High Court (Ranchi), W.P.(C) No. 639 of 2025, decided 03.04.2025 by Rajesh Shankar, J.: The petitioner, Nitu Soni, sought setting aside of letter no. 272(ii)/Ni. dated 12.08.2024 (Annexure-2) issued by the District Certificate Officer, Ranchi (respondent no. 3) by the order of the Deputy Commissioner-cum-District Magistrate, Ranchi (respondent no. 2), whereby physical possession of her land (R.S. Plot No. 533, sub-plot no. 533/7-B, Khata No. 116, Thana No. 213, Village- Loadih, P.S.- Namkum, Ranchi, measuring 02 Katha 15 Chhatack 05 Sq.ft.) and the house thereon was contemplated, following ICICI Bank's application invoking Section 14 of the SARFAESI Act, 2002 after notice under Section 13(4). Holding: the petitioner has the efficacious remedy of applying under Section 17(1) of the SARFAESI Act, 2002 before the Debts Recovery Tribunal, Ranchi; the writ petition is dismissed as not maintainable, with liberty to pursue that statutory recourse.

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2025:JHHC:10321

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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W.P.(C) No. 639 of 2025

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---

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Nitu Soni, wife of Sanjay Soni, resident of Old Lowadih, P.O. & P.S.- Namkum, District- Ranchi

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… … Petitioner

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Versus

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The State of Jharkhand through the Deputy Commissionercum-District- Magistrate, Ranchi

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The Deputy Commissioner-cum-District Magistrate, Ranchi

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The District Certificate Officer, Ranchi

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ICICI Bank Limited, having its Branch Office at 3^rd Floor, Shanti Niketan Building, Main Road, Bistupur, Jamshedpur, District- East Singhbhum

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The Authorized Officer, ICICI Bank Limited, having its Branch Office at 3^rd Floor, Shanti Niketan Building, Main Road, Bistupur, Jamshedpur, District- East Singhbhum

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Sanjay Soni, son of Bhagirath Prasad, resident of Old Lowadih, P.O. & P.S.- Namkum, District- Ranchi

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…. … Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

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For the Petitioner : Mr. Niraj Kishore, Advocate For the Resp. - State : Mr. Rakesh Kumar Roy, A.C. to G.A.-III For the Resp.-Bank : Mr. Bharat Kumar, Advocate

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Order No. 04 Dated: 03.04.2025

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The present writ petition has been filed for setting aside letter no. 272(ii)/Ni. dated 12.08.2024 (Anneuxre-2 to the writ petition) issued by the District Certificate Officer, Ranchi (the respondent no. 3) whereby the physical possession of the landed property appertaining to R.S. Plot No. 533, sub-plot no. 533/7-B, Khata No. 116, Thana No. 213, Village- Loadih, P.S.- Namkum, District- Ranchi measuring an area of 02 Katha 15 Chhatack 05 Sq.ft. as well as the house built thereon, has been contemplated.

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2. Mr. Bharat Kumar, learned counsel appearing on behalf of the respondent-Bank, submits that though notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, “the

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2025:JHHC:10321

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SARFAESI Act, 2002”) was served to the petitioner, however possession of the property in question was not given to the respondent-Bank and thus, it filed an application before the Deputy Commissioner- cum-District Magistrate, Ranchi (the respondent no. 2) invoking Section 14 of the SARFAESI Act, 2002. The impugned letter dated 12.08.2024 has accordingly been issued by the order of the respondent no. 2. Under the said circumstance, the petitioner has the efficacious remedy of preferring an application under Section 17(1) of the SARFAESI Act, 2002 before the Debts Recovery Tribunal, Ranchi. Hence, the present writ petition may not be entertained.

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3. Having heard learned counsel for the parties and considering that the petitioner has efficacious remedy of preferring an application before the Debts Recovery Tribunal, Ranchi invoking Section 17(1) of the SARFAESI Act, 2002, I am not inclined to entertain the present writ petition at this stage and the same is accordingly dismissed as not maintainable.

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4. The petitioner is however at liberty to take the aforesaid statutory recourse for redressal of her grievance.

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Ritesh/

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(Rajesh Shankar, J.)

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Nitu Soni v. the State of Jharkhand, through the Deputy Commissioner-Cum-District Magistrate, Ranchi

Case brief

What is this about?

What did the court decide?

Nitu Soni v. the State of Jharkhand, through the Deputy Commissioner-Cum-District Magistrate, Ranchi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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