Jharkhand High Court
Pushpa Srivastava vs The State Of Jharkhand on 11 February, 2025
Author: Rajesh Shankar
Bench: Rajesh Shankar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No.6626 of 2024
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Pushpa Srivastava, Wife of Maheshwar Sahay, D/o Late
Bindeshwari Prasad, Flat No.101, Yamuna-1 on NH-33, Opp.
Tirupati Dhaba, Dumardaga, Booty, Trivenipuram, P.S. Bariatu
(present Khelgaon), District Ranchi.
.......... Petitioner.
-Versus-
1. The State of Jharkhand
2. The Principal Secretary, Urban Development & Housing,
Government of Jharkhand, Project Building, Dhurwa,
Ranchi.
3. The Deputy Commissioner-cum-District Magistrate, Ranchi.
4. The Additional Collector, Ranchi.
5. The District Auction Letter Officer, D.C. Office Building,
Kutchery Road, Ranchi.
6. The Circle Officer, Kanke Anchal, Kanke, Ranchi.
7. The Authorized Officer, Bank of Baroda, Zonal Stressed
Asset Recovery Branch, Meher Chamber, Ground Floor, Dr.
Sunderlal Behl Marg, Ballard Estate, Mumbai-400001.
8. M/s. Juhi Industries Private Ltd., through its Director,
Tiruldih, P.S. Chandil, District Seraikella-Kharsawan.
9. M/s. Sri Triveni Developers Private Limited, through its
Director, Tajmahal, Club Road, P.S. Chutia, District Ranchi.
10. M/s. Triveni Infratech Private Limited, through its Director,
Divine House, Club Road, near Sujata Chowk, P.S. Chutia,
District Ranchi.
.......... Respondents.
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CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioner : Mr. Ajay Kumar Singh, Advocate
For the State : Mr. Ranjan Kumar, AC to Sr. SC-I
For Bank : Mr. P.A.S. Pati, Advocate
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Order No.03 Date: 11.02.2025
1. The present writ petition has been filed for quashing the public
notice (Annexure-4 to the writ petition) issued by the Authorized
Officer, Bank of Baroda, Zonal Stressed Asset Recovery Branch,
Mumbai- respondent no.7, informing that possession of the
property belonging to M/s. Triveni Infratech Private Limited-
respondent no.10, appertaining to Khata no.107, plot no.309,
Halka-09, Mouja Dumardagga, Circle Office Kanke, P.S. Khelgaon,
District Ranchi has been taken under the provisions of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 (in short 'SARFAESI Act,
2002') and any transaction relating to the same will be done by the
said branch. The petitioner has also prayed for quashing the order
dated 20th July, 2024 (Annexure-6 to the writ petition) passed by
the Deputy Commissioner-cum-District Magistrate, Ranchi-
respondent no.3, whereby the application filed by the respondent-
Bank under Section 14(1) & (2) of the SARFAESI Act, 2002 has been
disposed of, appointing Special Magistrate with a request to the Sr.
Superintendent of Police, Ranchi to deploy police force for taking
possession of the said property.
2. Having heard learned counsel for the parties and considering that
the petitioner has the efficacious/statutory remedy of filing an
application under Section 17(1) of the SARFAESI Act, 2002 before
the DRT, Ranchi against the order dated 20th July, 2024 passed by
the respondent no.3, this Court is not inclined to entertain the
present writ petition in view of the judgment of the Hon'ble Apex
Court rendered in the case of Standard Chartered Bank Vs.
Noble Kumar, reported in (2013)9 SCC 620 (para-27).
3. The writ petition is, accordingly, dismissed.
4. The petitioner is, however, at liberty to take aforesaid statutory
recourse against the order dated 20th July, 2024 passed by the
respondent no.3
(Rajesh Shankar, J.)
Sanjay/
