SANGEETA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order as contained in letter no.333 dated 01.04.2019 (annexure-15) has been sought to be quashed, whereby and whereunder the direction issued to hand over the possession of the property situated in the district of Deoghar, P.S. Sub-Division and Sub-Registrar, Deoghar, plot no.103/F, ward no.12 of Deoghar Municipality at present Ward No.21 of Deoghar Municipal Corporation. After quashing the said order, the respondent may be directed forthwith to hand over the vacant possession of the property in question.

(2.) The brief facts of the case of the petitioner as per the pleading made in this writ petition is that the loan has been sanctioned in favour of the respondent no.7 by the respondent no.8-Indian Bank, Ranchi.

(3.) The said account has become non-performing asset which led the respondent bank to invoke the jurisdiction of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002, hereinafter referred to as SARFAESI Act , 2002 for securing the amount against the loan facilities extended in favour of the respondent no.7 by issuing the notice under Section 13(2) of the SARFAESI Act , 2002 and finally notice has been issued under Section 13(4) of the SARFAESI Act, 2002 and put the property for auction. The petitioner being the auction purchaser has purchased the landed property in auction of the sale on 31.01.2011 for consideration of Rs22,15,000/-. The possession over the said property has not been handed over which led the petitioner to make an application before Branch Manager of the concerned bank for effecting the delivery of possession of the said property with a demand of interest of 16 per cent per annum on the sale of Rs.22,15,000/- as the possession of the property was not handed over to the petitioner. The respondent no.7 being aggrieved by the action of the respondent bank has filed SARFAESI application being S.A. No.24 of 2011 challenging the letter dated 12.02.2011 issued by the respondent bank for vacating the secured property and vide order dated 23.08.2012, the SARFAESI application has been dismissed and disposed of with an observation to proceed under the SARFAESI Act after completion of the facilities, if any.