Hansaben Champaklal Gandhi & Anr vs State Of Maha & Anr
2016 Latest Caselaw 520 Bom

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          IN  THE HIGH COURT OF JUDICATURE AT BOMBAY 

                                   BENCH AT AURANGABAD




                                                  
                         WRIT  PETITION NO.4651 OF 2004




                                                 
     1) Smt. Hansaben Champaklal Gandhi,
        Age-62 years, Occu:Household,
        R/o-Shahunagar, Pimprala Road,




                                         
        Jalgaon, Dist-Jalgaon,

     2) Sou. Veenaben Sanmukhlal Gandhi,
                             
        Age-44 years, Occu:Household,
        R/o-Shahunagar, Pimprala Road,
        Jalgaon, Dist-Jalgaon.  
                            
                                     ...PETITIONERS 

            VERSUS             
      

     1) The State of Maharashtra,
        Through its Secretary,
   



        Industrial Deptt.,
        Mantralaya, Mumbai,

     2) The Authorised Officer





        of the Jalgaon Janata Sahakari
        Bank Ltd., Jalgaon, Dist-Jalgaon.   
        
                                     ...RESPONDENTS

                          ...





        Mr.A.G. Talhar Advocate for  Petitioners.
        Mr.P.S. Patil, A.G.P. for Respondent
        No.1. 
        Mr.L.V. Sangit Advocate for Respondent
        No.2.       
                          ...       




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                   CORAM:  S.V. GANGAPURWALA AND
                           A.I.S. CHEEMA, JJ.

DATE : 10TH MARCH, 2016

ORAL JUDGMENT [PER S.V. GANGAPURWALA, J.] :

1. Mr. Talhar, learned counsel for the

Petitioners ig states that provisions of

Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act,

2002 (for short "SARFAESI Act") are not applicable

to agricultural land. The notice under Section

13(2) of the SARFAESI Act was issued in respect of

agricultural land also. According to the learned

counsel, Section 31(i) of the SARFAESI Act exempts

the agricultural land from the operation of the

said Act.

2. Mr. Sangit, learned counsel for the

Respondent No.2 Bank, on instructions, accepts

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that the property bearing Gut No.162/4 at Sawkhede

Bk. is an agricultural land.

3. In view of Section 31(i) of the SARFAESI

Act, the action under SARFAESI Act cannot be

resorted to in respect of agricultural land. The

impugned notice to the extent of Gut No.162/4 at

Savkhede Bk., admeasuring 96 R, is quashed and set

aside.

4. Rule accordingly made absolute in above

terms. No costs.

[A.I.S.CHEEMA, J.] [S.V. GANGAPURWALA, J.] asb/MAR16