Rajasthan High Court - Jaipur
Smt Pratibha Choudhary W/O Sh. ... vs Housing Development Corporation ... on 18 September, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 18291/2018
Smt Pratibha Choudhary W/o Sh. Dheerendra Kumar Choudhary,
Aged About 26 Years, By Caste Jat, Resident Of House No.64,
Sector No.04, Near Ujjawal Academy, Vivekanand Nagar, Alwar,
Presently Residing At House No.e-128, Sector No.04, Near
Ujjawal Academy, Vivekanand Nagar, Alwar (Rajasthan)
----Petitioner
Versus
1. Housing Development Corporation Limited (H.d.f.c.),
Regd. Office Remon House H.t. Parekh Marg, 169,
Backbay Reclamation Church Gate, Mumbai, Branch Office
H.d.f.c. Limited, C-25, Bhagwant Das Road, Opp. Saint
Xavior School, C-Scheme, Jaipur
2. Ranveer Singh, First Address - 10, Squadren Airforce C/o
3 Wing, Airforce C/o 56, Apo Pin - 936010, Second
Address - House No.e-128, Sector No.04, Near Ujjawal
Academy, Vivekanand Nagar, Alwar (Rajasthan)
3. Smt. Sushila Devi W/o Sh. Rajendra Singh, First Address
- House No.e-128, Sector No.04, Near Ujjawal Academy,
Vivekanand Nagar, Alwar (Rajasthan), Second Address -
D-53, Budh Vihar, Alwar - 301001 (Rajasthan)
----Respondents
For Petitioner(s) : Mr. Vijay Dutt Sharma Adv.
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 18/09/2018 Counsel for the petitioner submitted that petitioner had filed a complaint under the Domestic Violence Act, 2005 and Trial Court vide order dt. 23rd April, 2015, allowed the application and directed the Husband and other persons not to dis-possess the (2 of 3) [CW-18291/2018] petitioner from Plot No. E-128, Sector No. 4, Sector No. 64, Near Ujjawal Academy, Vivekanand Nagar, District Alwar, Rajasthan.
Counsel for the petitioner submitted that the order passed by the Trial Court under Domestic Violence Act, 2005, was in the knowledge of the Husband. Counsel submitted that in order to frustrate the order passed by the Trial Court an application was filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act (SARFAESI Act), 2002.
Counsel submitted that the District Collector, Alwar vide order dt. 23rd April, 2018, exercised the power under Section 14 of the SARFAESI Act, 2002 and directed to take the possession of the property in question. The Collector, however, had made it very clear that before taking possession of the property, the fact of any interim order from any Court, was to be verified.
Counsel submitted that immediately after knowledge of the order dt. 23rd April, 2018, the petitioner moved a Review Application before the District Collector and the District Collector has dismissed the Review Application vide order dt. 28 th June, 2018. The Collector has further observed that in case the petitioner is aggrieved from the order of 23 rd April, 2018, she is always free to file an appeal under Section 17 before the D.R.T., Jaipur.
Counsel submitted that though remedy of filing an appeal is available, but there is no Presiding Officer in D.R.T., Jaipur, therefore, petitioner is constrained to file present writ petition before this Court. Counsel submitted that the impugned orders have been passed by the District Collector on account of device (3 of 3) [CW-18291/2018] adopted by the Husband, to defeat the order of the Competent Authority.
Issue notice of writ petition as well as stay application to the respondents, returnable within three weeks.
Notices be given 'dasti', if prayed.
In the meanwhile and until further orders, the order passed by the District Collector, Alwar dt. 23 rd April, 2018 and 28th June, 2018, shall remain stayed and the petitioner would not be dis- possessed from Plot No. E-128, Sector No. 4, Near Ujjawal Academy, Vivekanand Nagar, District Alwar, Rajasthan.
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