Chote Lal vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 5475 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- WRIT - C No. - 3745 of 2022
 
Petitioner :- Chote Lal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Ashok Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Om Prakash Tripathi,J.

1. Heard.

2. This petition has been filed praying for quashing of the order dated 24.04.2022 passed by the District Magistrate taking over possession of the petitioner's land of Gata no.144 area 0.0967 hectare for ensuring recovery of amount of Rs.2,40,603/- + interest thereon.

3. It is the case of the petitioner that agricultural property cannot be taken in possession as per Section 31 of the SARFAESI Act, 2002. Learned counsel for the petitioner has pointed out sub-clause (i) of Section 31 in Chapter 6 of the Act of 2002 which says clearly that the provisions of the Act will not apply in any security interest created in agricultural land. It is the case of the petitioner that the proceedings under the Act of 2002 being without jurisdiction, this Court has been rightly approached under Article 226 of the Constitution.

4. Sri Prashant Kumar Srivastava, learned counsel appearing for the Bank, says that although the property in question is situated in plot no.144 of Village Kashijot, Tehsil Pragpur, District Bahraich, is in the nature of Kirana store and a commercial establishment. He has referred to the judgment rendered by Hon'ble Supreme Court in the case of Union Bank of India Vs. Satyawati Tandon and others, to say that the petitioner has appropriate statutory remedy to approach the DRT under Section 17 of the Act.

5. This petition stands dismissed on the ground of availability of statutory remedy to the petitioner.

Order Date :- 27.6.2022

Rahul