The petitioner has filed this writ petition challenging

the order dated 29.11.2008 passed by the 1^st respondent

vide Annexure-F.

Brief facts leading rise to filing of this writ

petition are as under:

The

petitioner

has

obtained

loan

from

respondent No.4-Bank. The petitioner has committed

default in repaying the loan amount. Respondent No.4-

Bank has initiated proceedings under Section 14 of

SARFASI Act for recovery of amount against the petitioner

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before the 1^st respondent. The 1^st Respondent has passed

the impugned order directing the Tahasildar to take

possession of property of the petitioner and handover the

same to respondent No.4-Bank. On the basis of the order

dated 23.09.2021 passed by respondent No.1, the

revenue officials have issued notice to the petitioner fixing

the date for taking the possession. Hence, this writ

petition.

Heard learned counsel for the petitioner, High

Court Government Pleader for respondent-State and

learned counsel for respondent No.4.

5.

Learned counsel for the petitioner submits that,

the petitioner in order to show his bonafideness has

deposited Rs.25,00,000/- as per the interim order dated

24.09.2021. He further submits that, the petitioner is not

in a position to pay remaining outstanding dues. He

further submits that, respondent No.1 without hearing the

petitioner has passed the impugned order. The impugned

order passed by respondent No.1 is in violation of

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principles of natural justice. Hence, on these grounds he

prayed to allow the writ petition.

6.

Per contra, learned counsel for respondent

No.4-Bank submits that, the petitioner having obtained

loan, has failed to repay the same. Respondent No.4 has

initiated recovery proceedings under the provisions of

SARFASI Act. Respondent No.4 approached respondent

No.1 for taking possession of the property of the petitioner

under reference. He submits that, respondent No.1-Deputy

Commissioner has passed an order. The order passed by

respondent No.1 is in accordance with the provisions of

SARFASI Act. He submits that there is no illegality in the

impugned order. He further submits that, this Court vide

order dated 24.09.2021 granted an interim order subject

to petitioner depositing Rs.25,00,000/- with respondent

No.4-Bank and directed the petitioner to file an affidavit

stating that, he would clear all the outstanding dues within

a period of six months from the date of order. He submits

that the petitioner has deposited Rs.25,00,000/- but he

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has not filed any affidavit. The period mentioned in the

said order is already expired. The petitioner has not

complied with the interim order granted by this Court. He

submits that, the petitioner has not shown any bonafide in

approaching this Court. Hence, on these grounds, he prays

to dismiss the writ petition.

7.

Per contra, learned High Court Government

Pleader adopts the arguments advanced by the learned

counsel for respondent No.4.

8.

Heard and perused the records and considered

the submissions of learned counsel for the parties.

9.

It is not in dispute that, the petitioner has

obtained a loan from respondent No.4-Bank and it is also

not in dispute that, the petitioner has committed default in

repaying the loan amount. Respondent No.4 has initiated

recovery proceedings under the provision of SARFASI Act.

Respondent No.4 has filed petition under Section 14 of the

SARFASI Act before respondent No.1 for taking possession

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of the property under reference. Respondent No.1-Deputy

Commissioner has passed an order by allowing the

application filed by respondent No.4 and directed the 2^nd

respondent to take possession of the property under

reference.

10.

This Court vide order dated 24.09.2021 granted

an interim order subject to payment of Rs.25,00,000/-

with respondent No.4 and further directed the petitioner to

file an affidavit stating that he would clear all the

outstanding dues within a period of six months from the

date of order. Though the petitioner has deposited an

amount of Rs.25,00,