Dismissed

Ashok Kumar v. District Collector, Bikaner and Anr.

Rajasthan HC2 Jul 2019CW/16507/2017

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the petitioner challenged the District Collector's order granting police assistance to a financier under Section 14 of the SARFAESI Act. The court held writs are not maintainable and urged the petitioner to avail statutory remedies under Section 17.

What did the court decide?

Writ petition dismissed on the ground of non-maintainability; statutory remedy under Section 17 of SARFAESI Act directed implicitly.

Ashok Kumar Vs District Collector, Bikaner and Anr. — Banking and Recovery | Rajasthan HC (2019)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 16507/2017

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Ashok Kumar S/o Shri Budha Ram, By Caste Jat, Resident Of Bishnoi Ka Bas Jasrasar, Tehsil Nokha District Bikaner.

¶4

----Petitioner

¶5

Versus

¶6

The District Magistrate, Bikaner.

¶7

Au Housing Finance Ltd., Registered Office At 201-202 2, 2^nd Floor, South And Square Mansarovar Industrial Area Jaipur Through Its Authorized Officer.

¶8

Shri Budha Ram S/o Shri Bhagta Ram, Resident Of House No. 255, Bishnoi Bas, Jasrasar Tehsil Nokha, District Bikaner.

¶9

Smt. Kamla W/o Shri Budha Ram, Resident Of House No. 225, Bishnoi Bas, Jasrasar Tehsil Nokha, District Bikaner.

¶10

Shri Hanuman Ram S/o Shri Jhumar Ram, Resident Of Bhadawon Ki Dhani Bhopalgarh, District Jodhpur

¶11

----Respondents

¶12

For Petitioner(s) : Mr. C.S. Kotwani For Respondent(s) : -

¶13

JUSTICE DINESH MEHTA

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Order

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02/07/2019

¶16

By way of the present writ petition, filed under Article 226 and 227 of the Constitution of India, the petitioner has laid challenge to the order dated 04.07.2017, vide which the District Collector, Bikaner has provided police help to the respondent No.2 in exercise of power under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the Act of 2002”)

¶17

(2 of 2) [CW-16507/2017]

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for facilitating recovery of the loan amount/possession of the assets secured with it.

¶19

It is a settled preposition of law that no writ petition is maintainable against such order passed by the District Collector or competent authority exercising powers under the Act of 2002 and the aggrieved parties are required to take statutory remedy available under Section 17 of the Act of 2002.

¶20

In view of the above settled legal position, this Court is not inclined to exercise its extra ordinary writ jurisdiction; for which the writ petition is dismissed.

¶21

The Stay Petition No.15407/2017 also stands disposed of.

¶22

(DINESH MEHTA),J

¶23

17-Ramesh/-

Ashok Kumar v. District Collector, Bikaner and Anr.

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. District Collector, Bikaner and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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