WP(C) 3287/2009 BEFORE HON’BLE MR JUSTICE B D AGARWAL Heard Sri R P Kakati, learned counsel for the petitioners and Sri N P Sarma, le arned Standing Counsel for the Assam Financial Corporation. This is the fifth writ petition filed by the petitioner. The pet itioner herein, is challenging the Sale Notice issued by the Assam Financial Cor poration in the Assam Tribune on 10.7.2009, putting the mortgaged property of th e petitioner on sale due to default in redeeming the loan. In the Sale Notice, t he Assam Financial Corporation has shown the tentative value at Rs. 40.65 lacs. Sri Kakati submitted that the mortgaged property was valued by 3 (three) different surveys and the loan should be redeemed by taking the valuati on of the property arrived at by the first valuer. Apparently, the loan of Rs. 13 lacs was taken by the petitioner from the Assam Financial Corporation in the year 1995-96 and by now, the loan am ount with interest has increased to more than 82 lacs. Despite that, the Assam Financial Corporation has adopted a rati onal approach to realize the outstanding amount by taking average of the 2 (two) valuations of M/S Debi Bhattacharjee and M/S I Sharma & Associates. According to the learned counsel for the petitioner the Assam Fi nancial Corporation has not taken into consideration the first valuation made by M/S D Roy & Associates, who was appointed as surveyor at the instance of the As sam Financial Corporation. In my considered opinion, if the petitioner relies upon the firs t valuation report, it shall approach the Assam Financial Corporation, whereupon the Assam Financial Corporation shall take the decision as to whether the value of the mortgaged property can be fixed on the basis of the average of 3 (three) valuation reports. In the result, I do not find any merit in the pe tition and consequently, it is dismissed.