Dismissed

Manoj Rao v. State Revenu Departmentanr

Rajasthan HC12 Dec 2023CW/14427/2011

Case brief

AI extract

What is this about?

The petition was dismissed for approaching the High Court directly without exhausting the statutory appeal under SARFAESI Act. Liberty granted to file appeal within one week, with direction to Appellate Authority to decide expeditiously ignoring limitation.

What did the court decide?

Liberty granted to file statutory appeal under SARFAESI Act within one week; appellate authority directed to decide upon opportunity of hearing and ignoring limitation.

Manoj Rao Vs State Revenu Departmentanr — Contract and Commercial Disputes | Rajasthan HC (2023)

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[2023:RJ-JP:39542]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 14427/2011

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Manoj Rao S/o Late Shri Radha Krishna, Resident of Plot No. 193-A, 21 South Colony, Niwaru Road, Jhotwara, Jaipur.

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----Petitioner

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Versus

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1. State Of Rajasthan Through Collector, Distt. Jaipur, Collectorate, Bani Park, Jaipur.

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1. Manager, The Hongkong And Sanghai Bank Corpn. Limited, Vasanti 61- A, Sardar Patel Marg, C-Scheme, Jaipur. ----Respondents

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For Petitioner(s) : None present For Respondent(s) : None present

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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12/12/2023

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The instant writ petition has been filed by the petitioner against the impugned order dated 11.05.2010 passed by the Collector and District Magistrate, Jaipur on an application filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ‘the Act of 2002’).

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Admittedly, the aforesaid order dated 11.05.2010 is appealable under the provisions contained in the Act of 2002, but without availing the alternative statutory remedy of filing appeal before the Appellate Authority, the petitioner has approached this Court by way of filing this writ petition under Article 226 of the Constitution of India.

(2 of 2)

[2023:RJ-JP:39542]

[CW-14427/2011]

It is well settled proposition of law that whenever alternative statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the Appellate Authority.

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In view of the above, the instant writ petition stands dismissed on this count alone granting liberty to the petitioner to file statutory appeal under the provisions contained under the Act of 2002 before the Appellate Authority within a period of one week from today. In case, any appeal is submitted within a period of one week from today, the Appellate Authority is directed to hear and decide the same expeditiously as early as possible after affording opportunity of hearing to all the respective parties strictly in accordance with law, ignoring the period of limitation.

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Stay application and all application(s) (pending, if any) also stand dismissed.

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(ANOOP KUMAR DHAND),J

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MR/221

Manoj Rao v. State Revenu Departmentanr

Case brief

What is this about?

What did the court decide?

Manoj Rao v. State Revenu Departmentanr

Case brief

What is this about?

What did the court decide?

What the court decided

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