JUDGMENT

Tarlok Singh Chauhan, A.C.J.—As per the pleadings set out in the writ petition, the petitioner availed house loan from the respondent-bank for an amount of Rs.3,00,000/- vide agreement dated 12.04.2013. The same was repaid and thereafter for completion of the house, the petitioner took another loan of Rs.4,50,000/- in October, 2013, out of which an amount of Rs.2,91,823/- remains unpaid for which the petitioner is ready to enter into One Time Settlement with the bank.

However, the respondents have now initiated action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act”) by putting the agricultural land of the petitioner to sale in clear violation of Section 31(i) of the SARFAESI Act. It is in this background that the petitioner has filed the instant petition for grant of the following substantive reliefs:—

“(i) That writ of certiorari may kindly be issued, quashing and setting aside the impugned sale notice issued on 11.11.2022 by the Respondent No.3 (Annexure P-7), order dated 27.10.2022 passed by the District Magistrate, Shimla (Annexure P-8) and notice under Section 13 of SARFAESI Act