ASHOK KUMAR GAUR,J. - (1.) The petitioner who is a tenant in the property, situated at Plot No.120, Vasundhara Colony, Tonk Road, Jaipur has filed the instant petition challenging order dated 23.11.2015 passed by the District Magistrate and Collector, Jaipur exercising power under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2002 [for short "SARFAESI Act, 2002].
(2.) The District Collector by the said order dated 23.11.2015, has recorded a finding that the HDFC Bank had extended the facility of loan of Rs. 40,00,000/- in favour of owner of the property/Smt. Santosh Malpani. The account of owner of the property became Non-Performing Asset (NPA) and as such the Bank had issued notices under Section 13(2) of the SARFAESI Act, 2002. The order further shows that since the amount was not paid, after notice issued under Section 13(2) of the SARFAESI Act, 2002, the Bank approached the District Magistrate and Collector, Jaipur for taking secured asset/residential house situated at Plot No.120, Vasundhara Colony, Tonk Road, Jaipur.
(3.) The brief facts of the case are that the petitioner is a tenant on the disputed property since 01.02.2005. The petitioner is said to have filed an application under Sections 18 and 23 of the Rajasthan Rent Control Act, 2001 before the learned Rent Tribunal, Jaipur Metropolitan, Jaipur stating therein that the landlord had tried to evict the petitioner and order dated 19.07.2013 came to be passed by the Tribunal restraining the owner of the property from forcefully, evicting the petitioner and further restrained to create any hindrance.;