Constitution of India, 1950
Article 226—Writ—Maintainability—Alternative remedy—Proceedings under SARFAESI Act—Foundation of the challenge raised by petitioner in the writ petition is the pleading that properties in question are agricultural land—SARFAESI Act is a complete code providing effective and efficacious remedy to any person aggrieved by the proceedings initiated under Section 13 of the SARFAESI Act—Question of whether the property mortgage would come under the definition of ‘agricultural land’ coming under Section 31(i) of the Act is a disputed question of fact which is to be adjudicated by the DRT having jurisdiction in the matter—Order passed by the DRT is appealable before the DRAT, which is the fact finding authority—Writ petition has not been filed to enforce a fundamental right protected under the Constitution of India—No material to show that there has been a violation of the principles of natural justice, and the vires of the legislation is not under challenge—Writ petition not maintainable.
[Paras 7, 15, 27 & 29]
Article 226—Writ—Maintainability—Proceedings under SARFAESI Act—Submission that respondent-bank being a private company carrying banking business as a scheduled bank cannot be termed as an institution or company carrying on a statutory or public duty, and therefore, the writ petition is not maintainable in that sense—Private companies like the respondent-bank would normally not be amenable to the writ jurisdiction under Article 226 of the Constitution of India—Petition dismissed in limine.
[Paras 30 to 32]