ORDER

Mohammed Shaffiq, J.

The present writ petition is filed impugning an order dated 26.09.2023 in RA(SA)No.5/2021, of Debt Recovery Appellate Tribuna, Shankar Finance and Investments vs. State of Andhra Pradesh and others , (2008) 8 SCC 531. Chennai (hereinafter referred to as “DRAT”). The challenge, primarily is on the premise that subject property is “agricultural land”, thus in terms of Section 31(i) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “SARFAESI Act”) falls outside the purview of SARFAESI Act.

2.Brief facts:

2.1. Mira Exports (P1) is a proprietory concern owned by Mrs.R.Gandhimathi (P2) (collectively called as “petitioner”) inasmuch as a proprietory concern does not have a legal existence distinct and independent of the proprietor. Proprietory concern is an individual trading under a Trade name¹. Petitioner commenced business in 2010. Petitioner owns 6.5 acres of land in Survey No.214/4 of Alukkuli Village in Erode District. The said survey number comprises of two parcels of land, viz., one measuring 3.24 acres and the other 3.26 acres. For the sake of convenience, we shall refer to p