Madhya Pradesh High Court
Devraj Khanna vs The State Of Madhya Pradesh on 23 July, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
NEUTRAL CITATION NO. 2025:MPHC-IND:19234
1 WP-28632-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 23rd OF JULY, 2025
WRIT PETITION No. 28632 of 2025
DEVRAJ KHANNA AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Arihant Kumar Nahar, learned counsel for the petitioners through
Video Conferencing.
Shri Sudeep Bhargava, learned Deputy Advocate General for the
respondents / State.
ORDER
Per: Justice Vivek Rusia The petitioners have filed the present petition under Article 226 of the Constitution of India seeking direction to the respondents not take possession and dispossess them from Flat No.101 - 102, Plot No.44, Prince Yashwant Road, Near Pandrinath Temple, Indore.
02. The Tehsildar, Juni Indore has already issued a notice for taking possession of the aforesaid mortgaged property in compliance of the order passed by the Additional Collector dated 30.06.2023.
03. Learned counsel for the petitioners submits that the petitioner be given breathing time to approach the Debt Recovery Tribunal, Jabalpur. He Signature Not Verified Signed by: RAVI PRAKASH Signing time: 25-07-2025 10:38:46 NEUTRAL CITATION NO. 2025:MPHC-IND:19234 2 WP-28632-2025 further submits at present DRT is not functioning and is on camp at Raipur (Chhatisgarh), therefore, the writ petition be entertained.
04. The petitioners are having alternative remedy to approach the DRT. The DRT is very much functional. It is not a case that no alternative remedy is available to the petitioners. Even otherwise, the Additional Collector passed the order dated 30.06.2023, therefore, the petitioners had sufficient time to avail the remedy.
05. At present, the respondents are only taking possession. The petitioners still have sufficient time to clear the debts to get the mortgaged property released. Hence, no case for interference is made out.
06. In view of the above, Writ Petition stands dismissed.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Ravi
Signature Not Verified
Signed by: RAVI PRAKASH
Signing time: 25-07-2025
10:38:46