IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15284 of 2010 Shanti Kumari,W/O Late Hari Prasad, resident of Mohalla- Hariom Shanti Niwas Raj Cold Stores more. Ranipur Patna city, District- Patna. ………. Petitioner. Versus 1. The L.I.C. Housing Finance Ltd. Through its areas Officer. Jivan Prakash Fraser Road Patna- 800001. 2. The Area Officer, 3. The Authorized Officer Both office at Jivan Prakash Fraser Road Patna-800001. ….. Respondents. ----------- For the petitioner:- Mr. Arun Kumar Tiwari Advocate. For the L.I.C of India: - M/s. Ranjan Prasad & Amod Kumar, Advocates. ----------- 3. 24.09.2010 The petitioner has come to this Court against a possession notice issued under section 13(4) of the SARFAESI Act. Various issues have been raised by learned counsel for the petitioner before this Court, namely, that the notice under section 13 (2) allegedly issued on 21.7.2009 cannot be considered a notice under the said section and prior to issuance of notice there has to be a declaration of the assets as non-performing assets. It is also his stand that there is discrepancy in the amounts which are being shown payable by the petitioner on different occasions. It is further submitted that the impugned notice under section 13(4) is bad and illegal and in violation of the principles of natural justice. A notice under section 13 (4) of the Act is 2 appealable under section 17 thereof. The various issues raised by the petitioner in the present matter can be more appropriately considered by the statutory Appellate Authority. In view of the aforesaid, the writ application is fit to be dismissed as not maintainable in view of the existence of efficacious alternative statutory remedy to the petitioner. It is accordingly dismissed. S.Pandey ( Ramesh Kumar Datta, J.)