IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE 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.

Leave granted.

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 a

misconception.

Accordingly, appeal 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.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, July 21, 2008.