DIPAK MISRA, J. :- In this appeal preferred under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 the substantiality and justifiability of the order dated 17-10-2007 passed by the learned Single Judge in W. P. No. 8480/07 is called in question by the appellant.

2. The facts which are essential to be stated for adjudication of this appeal are that the appellant and his brother are the owners of plot No. 23/2., admeasuring an area of 2621 sq. ft. situated at Block No. 31. On 18-6-2007 a show cause notice vide Annexure-P/2 was issued to the petitioner under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity 'the 2002 Act') for recovery of advance loan. The appellant-petitioner submitted his reply to the said notice issued by the respondent. The Akola Janta Commercial Cooperative Bank Ltd. The Bank as per Annexure-P/3 issued a notice for auction of the property of the petitioner under the provisions contained in 2002 Act. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India the said notice was assailed on two counts, nam