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Digitally signed

YOGESH by YOGESH CGHC010215392026 2026:CGHC:31826

TIWARI

TIWARI Date: 2026.07.25

11:40:40 +0530

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPC No. 2775 of 2026

1 - Rajesh Ahuja S/o Shri Ramesh Ahuja Aged About 45 Years

Occupation- Business R/o B-80, Near Ssd Square, Kavita Nagar,

Raipur (C.G.)- 492001

2 - Ramesh Ahuja S/o Shri Peshumal Ahuja Aged About 73 Years

Occupation- Business R/o B-80, Near Ssd Square, Kavita Nagar,

Raipur (C.G.)- 492001

3 - Vikas Ahuja S/o Shri Ramesh Kumar Ahuja Aged About 50 Years

Occupation- Business R/o B-80, Near Ssd Square, Kavita Nagar,

Raipur (C.G.)- 492001

4 - Sushila Ahuja W/o Ramesh Ahuja Aged About 70 Years Occupation-

Home Maker R/o B-80, Near SSD Square, Kavita Nagar, Raipur (C.G.)-

492001

5 - Priya Ahuja W/o Vikas Kumar Ahuja Aged About 49 Years

Occupation- Home Maker R/o B-80, Near Ssd Square, Kavita Nagar,

Raipur (C.G.)- 492001

6 - Somya Ahuja W/o Rajesh Ahuja Aged About 43 Years Occupation-

Home Maker, R/o B-80, Near Ssd Square, Kavita Nagar, Raipur (C.G.)-

492001

... Petitioners

versus

1 - Punjab National Bank Through Its Authorized Officer Anupam Nagar

Branch, Distt. Raipur (C.G.)

2 - Collector Cum District Magistrate Tehsil And District Raipur (C.G.)

3 - Additional Tehsildar Tehsil Raipur, District Raipur (C.G.)

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4 - Debts Recovery Tribunal Through Its Registrar 2nd And 3rd Floor,

Sanchar Vikas Bhavan (Bsnl Building), Near Head Post Office

Residency Road, Jabalpur- 482001, M.P.

... Respondents

(Cause-title taken from Case Information System)

For Petitioner : Mr. Pranjal Agrawal, Advocate

For State : Mr. Shobhit Mishra, Deputy Government

Advocate

Hon’ble Shri Amitendra Kishore Prasad, Judge

Order on Board

24.07.2026

1. Though the present petition has been listed along with the bunch

of matters, the leading case being WPC No. 2799 of 2026, having

regard to the distinct factual matrix involved in the present case, it

is directed that this petition be de-linked from WPC No. 2799 of

2026.

2. With the consent of learned counsel for the parties, this matter is

heard finally.

3. By filing the present writ petition, the petitioners call in question

the arbitrary and illegal action of the respondents in seeking to

take forcible physical possession of the petitioners' residential

property pursuant to the possession notice dated 20.11.2025,

received by the petitioners on 23.05.2026, despite the pendency

of S.A. No. 1078/2025 before the Debts Recovery Tribunal

challenging the proceedings initiated under the SARFAESI Act.

The petitioners further seek quashment of the impugned action

pursuant to the said possession notice and a direction to the

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respondents to maintain status quo and refrain from taking

forcible possession of the residential property during the

pendency of the proceedings before the Debts Recovery Tribunal,

particularly when the petitioners have complied with the interim

order passed by the learned Tribunal and the post of the Presiding

Officer, DRT, Jabalpur is presently lying vacant, rendering the

petitioners remediless for seeking urgent protection. The

petitioners have prayed for following reliefs :-

“10.1. Issue an appropriate writ, order or

direction quashing and setting aside the

impugned action of the respondents pursuant

to possession notice dated 20.11.2025 (P-11),

received by the petitioners on 23.05.2026,

whereby the respondents are seeking to take

forcible possession of the petitioners'

residential property on 08.06.2026;

10.2. Issue an appropriate writ, order or

direction restraining the respondents, their

officers, servants and agents from taking

forcible physical possession of the petitioners'

residential property bearing House No. MIG B-

80, P.H. No. 113, Kavita Grih Nirman Sahakari

Samiti, Maharishi Valmiki Ward No. 28(5),

Mouza Telibandha, Raipur (C.G.), during

pendency of S.A. No.1078/2025 before the

Debts Recovery Tribunal;

10.3. issue an appropriate writ, order or

direction directing the respondents to maintain

status quo with respect to possession of the

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aforesaid property till the