VIKAS PATIDAR Vs. DISTRICT MAGISTRATE AND OTHERS

JUDGEMENT

(1.) The order of this petition shall also govern the disposal of W.P. No.17248/2017. For the purpose of convenience the facts of W.P. No.17237/2017 are being taken into consideration.

(2.) This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 20.06.2017 (Annexure P/4) whereby the objections of the petitioner/defendant have been rejected by the District Magistrate, Bhopal in a proceeding initiated at the instance of the Central Bank of India under Section 14 of the Securitization And Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'SARFAESI Act' ).

(3.) The petitioner's case is that he happens to be a tenant in the basement and ground floor of a triple storeyed building at plot No. 155, Zone I, M.P. Nagar, Bhopal with area ad-measuring 1600 Sq. Ft. since 01.03.2011. The aforesaid premises was let out by the owners i.e. respondents No. 4(a) Shri Kailash Narayan Patidar and 4(b) Shri Laxmi Narayan Patidar. They also created equitable mortgage in respect of the said premises in favour of respondent No.3 Bank in the year 2012 for securing due repayment of financial assistance secured by M/s Indicus Ventures Pvt. Ltd. On account of the default in making the payment by the borrowers. Respondent No.3 Bank moved an application under Section 14 of the SARFAESI Act before respondent No.1 for taking physical possession of the secured assets inter-alia the premises occupied by the petitioner. In the aforesaid proceedings, the Bank did not implead the petitioner as one of the parties, despite the fact that the petitioner is the occupant of the said premises. On the objection filed by the petitioner before respondent No.1 the impugned order dated 20.6.2017 has been passed by respondent No.1 with direction for taking over of physical possession of the asset and a notice has also been issued by respondent No.2 Tehsildar, Bhopal for vacating of the aforesaid premises. Petitioner's contention is that he being tenant cannot be evicted by the respondents under the provision of Section 14 of the SARFAESI Act) and can only be evicted after following the due process of law as provided under the provisions of M.P. Accommodation Control Act, 1961.