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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA SHEKHAR SHARMA
Vasudev Saraswat, S/o. Onkar Prasad – Appellant
Versus
District Collector, Bikaner, Rajasthan – Respondent
| Table of Content |
|---|
| 1. petitioner's claim of property ownership. (Para 1 , 2) |
| 2. arguments regarding dispossession and jurisdiction. (Para 3 , 4 , 5) |
| 3. court's examination of the legal framework and remedies. (Para 6 , 7 , 8 , 9 , 10) |
| 4. determination of maintainability and credibility of assertions. (Para 11 , 12 , 13 , 14 , 15) |
| 5. final dismissal of the writ petition. (Para 16 , 17) |
ORDER :
CHANDRA SHEKHAR SHARMA, J.
1.The present writ petition has been filed under Article 226 of the Constitution of India with the following prayer:-
" 1. By an appropriate writ, order or direction, the respondent No.1 may kindly be perpetually restrained from dispossessing humble petitioner from scheduled land.
2. That the respondent No.4 may kindly be directed to not to re-initiate the SARFAESI proceedings."
2. The facts, insofar as necessary for determination of the present controversy, are that the petitioner claims to have purchased an immovable property situated at Ward No. 14, in front of Karni Mata Mandir, Lunkaransar, admeasuring 65 × 33 ft. (2145 sq. ft.), through an unregistered agreement to sell dated 28.03.2014 (Annexure-1) executed by Pawan Kumar Bothra and Nemchand Bothra for a consideration of R
A writ petition under Article 226 is not maintainable when an efficacious alternative remedy is available under the SARFAESI Act before the Debts Recovery Tribunal.
The SARFAESI Act mandates exhausting statutory remedies before seeking extraordinary relief under Article 226; procedural compliance is essential, and the auction process cannot be set aside absent s....
The High Court affirmed that the adequate remedy under the SARFAESI Act must be pursued before seeking judicial intervention, emphasizing the importance of exhausting statutory options.
Point of Law : Section 17 of SARFAESI Act reads application against measures to recover secured debts.
The court held that when a statute provides specific remedies, writ jurisdiction under Article 226 should not be exercised, affirming the precedence of statutory procedures over equitable remedies.
SARFAESI Act is a complete code by itself, providing for expeditious recovery of dues arising out of loans granted by financial institutions.
The sale certificate under the SARFAESI Act is sufficient for title transfer, negating the need for further registration, and the High Court should not intervene in SARFAESI proceedings when alternat....
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