SANGEETA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the Respondent State and the Bank. In view of the order being passed herein after, this Court is not required to comment upon the merits of the case of the parties. Therefore, requirement of hearing the private Respondent is also not felt necessary.

(2.) Petitioner is an auction purchaser, even as per the admission of the Respondent Bank in its counter affidavit of the property comprised in JB No. 130/3092, Dag No. 13/18, 3/13, 3.7C, Ward No. 12, P.S. No 413, Sub Plot No. 1.03(F) area 710 square feet, subject matter of SARFAESI proceedings against the mortgager, Respondent no.5 situate at Mouza Shyamganj, Deoghar Jasidih Main Road in front of Burnwal Dharamshala, District Deoghar. Respondent Bank claims to have made an application to the Deputy Commissioner, Deoghar on 5.2011, Annexure-A invoking Sec. 14 of the SARFAESI Act, 2002 for taking possession of the assets of the mortgager. On that application the Sub-Divisional Officer, Deoghar has registered a case under the Jharkhand Building (Lease Rent & Eviction) Control Act, 2011, Sec. 19 thereof and started proceedings as per the impugned notice dated 28.1.2015, Annexure-12 with which the petitioner is aggrieved.

(3.) Learned counsel for the petitioner and Respondent Bank, both submit that the initiation of the proceeding under the Act of 2011 is wholly erroneous and not maintainable. The proceedings are in respect of taking over of property under the SARFAESI Act where the District Magistrate / Chief Metropolitan Magistrate has been empowered to take a decision on the application of the Respondent Bank/ Financial Institutions to take possession of the secured assets of the borrower / mortgager.