Tehri Hydro Devt. Corporation
Ltd. Vs. State of Uttarkhand & Ors.  INSC 1199 (21 July 2008)
JURISDICTION CIVIL APPEAL NO.4576 OF 2008 (Arising out of S.L.P. (C) No.4170 of
2008) Tehri Hydro Development Corporation Ltd. ...Appellant(s) Versus State of
Uttarakhand and Ors. ...Respondent(s) O R D E R Though the case was placed
under the heading "Incomplete After Notice Matters", but learned
counsel appearing on behalf of the parties made a prayer that the special leave
petition may be taken up for consideration and disposed of finally.
Heard learned counsel
appearing on behalf of the parties.
By the impugned
order, the High Court has disposed of the writ petition filed on behalf of the
appellant whereby it had challenged the demand of Rs.64,48,54,891/- raised by
the Tehsildar under the Uttar Pradesh Zamindari Abolition and Land Reforms Act
[for short, "U.P. Act"] on the sole ground that, under the
Securitisation and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, ...2/- - 2- 2002 (for short, `SARFAESI Act'), the
appellant could have availed the remedy of appeal. The High Court directed that
the appeal shall be filed within fifteen days and that the application for
interim relief, if filed, shall be disposed of within next fifteen days. Hence,
this appeal by special leave.
From a bare perusal
of the records, it is evident that the recovery sought to be made from the
appellant does not fall within the SARFAESI Act. It is a plain and simple
demand created under the U.P. Act. No steps whatsoever were taken by the
concerned authority under the SARFAESI Act. This being the position, we are
clearly of the view that the High Court has disposed of the writ petition under
is allowed, impugned order is set aside and the matter is remanded to the High
Court to dispose of the writ petition on merit after giving opportunity of
hearing to the parties in accordance with law.
SINGHVI] New Delhi, July 21, 2008.
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