RAKHI BERA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) The grievance raised by the petitioner(s) in the present writ petition is that, as a consequence of initiation of the proceedings under Sec. 13 of the SecuritisationF and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter to be called as "the SARFAESI Act, 2002") an action under Sec. 13(4) of the Act, of taking over of the possession over the mortgaged property in question, has already been undertaken by the respondents, though petitioner in his petition alleges that the possession, has been taken forcefully, when he was not available over the property in question and his family members, who were residing alone there in the premises, were forcefully dispossessed.

(2.) Learned counsel for the petitioners contends that during the pendency of the proceedings before the D.R.T, which was initiated by the petitioners pursuant to the earlier directions, which was issued by this Court, in fact, he had drawn proceedings under Sec. 17 of the SARFAESI Act, 2002, in compliance of the judgement dtd. 29/1/2021, which was rendered in Writ Petition (M/S) No. 224 of 2021, in which the petitioners contend that he has filed an application before the learned Debts Recovery Tribunal (DRT), which was numbered as IA No. 142 of 2021, for urgent hearing of the matter and, also an Application Number No. 141 of 2021. In the said application, which were filed by the petitioner, in the proceedings of SA No. 16 of 2021, Smt. Rakhi Bera and another Vs. District Magistrate Haridwar and others, the learned DRT, has passed an order dtd. 18/2/2021, whereby a direction was given which was subject to the condition that petitioners deposit a sum of Rs.4.00 lakh, the proposal for restoration of possession of one room (temporarily) would be considered by the Competent Authority.

(3.) The grievance of the petitioners is that, in compliance of the said directions given by the DRT vide its order dtd. 18/2/2021, he had deposited the amount of Rs.4.00 lakh, but still the possession of one room, as was directed therein by the said order dtd. 18/2/2021, has not yet been complied with. He further submits that SA No. 16 of 2021, is still pending consideration and no orders has been passed on it, and its pendency is prejudicial to his interest, hence, he has prayed for the following reliefs in the present writ petition, which are referred to hereunder:-