SINOLE BENCti IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.} /' ,^' PETITIONER: .^^>'"- 'y^ WRIT PETITION N0. -4^3 ^ /2005 Smt. Savita Dewangan, W/o Shri A. C. Dewangan, Aged about 42 years, R/o Near Gas Godown, Rohinipuram, Raipur Chhattisgarh. RESPONDENTS: ^^ /-^ VERSUS 4. StateBankofIndia, Through the General Manager, Main Branch, Hosangabad Road, Bhopal, M.P. The Branch Manager, State Bank oflndia Fafadih Branch, Raipur (C.G.) State ofChhattisgarh, Through the Collector, District Raipur, Raipur, Chhattisgarh. M/s Chandela Housing Pvt. Limited, Represented by its Director Smt. Sharda Singh, R/o H. No. 70, Anand Nagar Raipur, C.G. Present Address Chandela Builders, L-l, Agrasen Nagar, Opposite Deendayal Upadhayay Nagar, Ring No. 1, Raipur, (C.G.) Agroha Grih Nirmaa Sahakari Samiti, Through its President Santosh Agrawal, S/d'Late R.D.Agrawal, aged about 42 years, Siddharth Chowk, Tikra Para, Raipur, District Raipur, C.G. Present Address Agroha GrihNirman Sahakari Samiti, Raipur, Agrasen Nagar, Opposite Deendayal Upadhayay Nagar, Ring No. 1, Raipur, (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUENCE OF WRIT IN THE NATURE OF MANDAMUS. PROHIBTION, CERTIORARI. AND ANY OTHER WRITS, DIRECTIONS OR ORDERS. *II*ICTI ^»nq» KJ-&XI ^ i<^irt^, tp-a1<<i<i<$, Riwixi^ ..^....^>...^.QS<C>J., 059 ^200^ 3n^5T q=RP (^clljsl-^) sn^^T^rRFTFp ^T2H3iT^^Tw4li<P ?^TTW<iRa 9H^^T 5-9-2005 . Mr SatyendraSahu, couns^ AAr. Sandeep Dubey, Sovt. 4 Heard both the counsel on The petitioner has preferi|> 227 ofthe Constitution oflndia, by. respondent No.2 pertaining tc| of The petitioner; to direct the r^ house ioan payment after glv'in^ petitioner without imDosing inte construction; to direct respond^ conspirQcy of respondents No2, ^ respondent.NoJ- to tGke.the semi| petitioner in its possession and amount incurred in favour of the| t'hehouse from the a-ssets of ,rej ca^e agdnst ali the responsibie p| an arrangement for giving the petitioner. The case of the petltion^r petition is thot respondent No.5 authorized respondent No*4 to <bl4lc^41^ ^l^c^l'^'l^^l xRi^iK ^3rf^H3ff^^T ;1 for the petitloner. ^dvocate for the State/respondent No.3. ^dmission. |ed this writ petitiori under Article 226/ |vith prayer to quash a!I the orders passed s^ecovery proceedlngs against house loan |spondent Bank to start instaiiment of the possession of furnjshed house to the t^est on IOGH amount for the perjod of |nt NoJ to make an inquiry for aii the & 5 by an independent agency; to direct constructed house on piot NoJ/8 of the |furi"her direct to recover the required petitioner for renidning construction of Ipondents No.4 & 5 and to lodge crimind ^rsons; and to direct respondent NoJ to pojssesslon of the fuily constructed house to as appears from reading of this writ |Agroha 6rih Nirman Sahakari Samiti has o|jvertjse the piots of Agroha Nagar and ;-;t^-'S/2005-20.0QO HI*101^<IT^ vjx.-cl^Wlrt^, U><<a1^<l<», f^OIXI^ t^,p._^-o^<©./ 060 3n^$TtR?P (^c|^<s|<g) ^200^ 3IT^^T'cpTRrlJ<h WTTW^Ta?Wp ^ <bi'y|c^41yi ^i^i^T^'ns^ ^Rix<<ix ^3ri^T3TI^^T further to get order of construcjtjon of the houses. In pyrsuance of the promises of respondent No.4 C^andeia Builders/the present petitioner purchased p!ot NoJ/8 of Sector-l/wea 1500 sq* ft, which is a part of the iand bearing Khasra No.379/132p PGtwari Haika No.104 belng a member having Membership No*913 of thje Agroha 6riha Nirman Sahakari Samiti, Rdpur. Most of the buildings of fhe Agroha Society are being co.n^tructed by M/s. Chandela Housing Pvt. Lt^., as per the instructions and approva! of hhe AgrohaSrih Nirman Sahakari |Samiti, Rdpur; Thereafter/posses^ion of pbt NoJ/8 was given to the p^titioner aft'er executing the sde deed Respondent No.4 has tGken csll f'he approva! from respondent No.5 Qnd started construction on the sai(d p!ot Respondent No<4 furnished on agreement regarding constructiorl of the house on 22-11-2002/ inwhich it has been promised thot responde^t No,4 shall deiiver fuliy furnished house within 18 months from the date the house was e^timated at Rss^ respondent No.4 Having heard learned cour^ petition. The whoie petition re!att.s to dlsputed facts regGrding agreements entered into between the petitior] loan amount sanctioned by respon^ and to be paid to respondent NoA| f executing agreement and tota! cost of lakhs, which has aiready been taken by' ^el for the parties, I have perused the ler and respondents No,4 <& 5, as a!so the |lent No*l Bank in favour of the petitioner |regarding construction of the house* •-;f'>-T-'S/2005.20,000 *11*101 ^<T[q> vjT;-c|-^i«4irt«,u)-al^<ico, (cK'ti^yx ^_ 6Q -SP- rr^ """ 061 3T1^5T q^E|»(4<|I^6|<g) ^200^ ^n^^TWRnicp ?RTT3I1^^Ta?WP ^. S^IT^«iRaSTT^^T -'3 Learned counsel for the p^ coutd not be constructed in tim^ NoJ, and now respondent :No.1 Guctiohing the house in questionj ^uffer irreparabie ioss. As has been mentioned facts, which cannot be decided in the petitioner is to aDproach th involving disputed facts cannot Constitution of India by invoking Therefore, this writ peti- itseif^ However, the petitioner i^ the Bank authorities, and it representation and take decision, Consequently, M.(W.)P.No, djsposed of, <pl<lio<ni *11+lwT^f I^MrtxRl^<;IX Ifrar^r^^T |titioner argued that the house in question 1.0naccount of negiigehce of respondent wants to realize the ioan Qmoynt by if that isal!owed,thenthe petitioner will ab^ve, the whole petition 'is full of disputed [^rit jurisdiction* Appropriate remedy for ^ civil Court, if advised so; Any petition be entertained under Article 226 of the ^xtra ordjnary jurisdiction, \ion is dismissed, at the admission stage at iiberty to make representation before |s for the Bank to consider the said |in accordance with law. &325/2005 and LA.No.7463/2005 stand Sd/- L.C. Bhadoo Judge 3'")/r''S/2005-20.000 ^ ^