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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SUNIL BENIWAL
Rajeev Bhandari S/o Shri Jawari Chand Bhandari – Appellant
Versus
Jodhpur Development Authority, through its Commissioner, Jodhpur – Respondent
ORDER :
1. By way of the present writ petition, the petitioner has challenged the notice/order dated 24.09.2025 (Annexure-3) and has also sought quashment of all further proceedings initiated pursuant to the said notice. The petitioner has further prayed that the flat in question may not be put to auction and that any recovery sought to be made be effected from the original borrower.
2. The facts, in brief, as pleaded in the writ petition, are that the petitioner purchased Flat No. C-97(A) situated at Parshvanath City, Jodhpur (hereinafter referred to as “the purchased flat”) on 21.08.2018. The said flat was constructed by the developer on a plot, the sub-division whereof was approved by the Jodhpur Development Authority (JDA) on 30.08.2017. Since the purchase of the said flat, the petitioner has been residing therein along with his family.
2.1 On 24.09.2025 (Annexure-3), a notice came to be issued to the petitioner under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “the Act of 2002”) by respondent No.2. Being aggrieved by the said notice, the petitioner also lodged an FIR against
A writ petition challenging actions under the Securitisation Act is not maintainable when alternative remedies are available, especially when the petitioner is not a borrower or guarantor.
Recovery of debt – Action initiated by a private financial institution, is not amenable to writ jurisdiction.
The main legal point established in the judgment is that when a statute provides an alternate remedy, the court would not entertain a writ petition under Article 226 of the Constitution of India.
The main legal point established in the judgment is that the availability of an effective and efficacious alternate statutory remedy under the Act of 2002 precluded the court from granting indulgence....
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