ALKAMA BAG CENTRE Vs. AUTHORIZED OFFICER

JUDGEMENT

(1.) This writ petition under Article 226 of the Constitution of India has been filed by the petitioners assailing the order dtd. 10/5/2023 passed by the DRT, Jabalpur, as also the order dtd. 18/5/2023, whereby eviction warrant has been issued by the Tehsildar.

(2.) On perusal of the writ petition, it seems that this has been filed against the IDFC First Bank Limited, which is not the State within the meaning of Article 12 of the Constitution of India, therefore, this writ petition is not maintainable. However, the petitioners have an alternative efficacious remedy of filing an appeal before the DRAT under Sec. 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

(3.) At this stage, learned counsel for the petitioners seeks leave of this Court to withdraw the writ petition with liberty to approach the DRAT, within two weeks from today and file the appeal.