G.K. Vyas, J. - (1.) In this special appeal filed by the appellant/writ-petitioner under Rule 134 of the Rajasthan High Court Rules read with Article 225 of the Constitution of India, the order dated 25th of January 2018 passed by learned Single Judge in SBCWP No.1105/2018 is under challenge, whereby the learned Single Judge dismissed the writ petition filed by the appellant on the ground of availability of alternative remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, hereinafter referred to as 'Act of 2002').
(2.) As per brief facts of the case are that the appellant preferred a writ petition before the learned Single Judge in which notice dated 17.01.2017 (Annex.&7) and auction notice dated 15.01.2018 and subsequently proceedings initiated by the respondent ICICI Bank was challenged.
(3.) In the writ petition, a specific plea was taken by the writpetitioner that for the land in question a Patta was issued in 15.01.1937 in the name of Maharaja Vijay Singh and his son Sh. Ranbahadur Singh. According to petitioner, the parcel of said land was sub-divided on 17.04.1956 into various plots and a lay out plan was prepared, which was got sanctioned from the then Municipal Board, Jodhpur. At present it is known as 'Laxmi Nagar'.;